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Privacy of Others; Marketing

If 159onlineshop provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

13. Additional Terms

Returns and Cancellations

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, 159onlineshop will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within My 159onlineshop. Where settings have been set to automatically accept requests for returns or replacements, an 159onlineshop-generated return shipping label will be provided to your buyer. You agree to comply with our return policy.

When an item is returned, to refund the buyer, you (as seller) authorize 159onlineshop to request that PayPal remove the refund amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file.

The cost of return shipping for an item that is not as described is the seller's responsibility.

You (as seller) authorize 159onlineshop to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:

  • 159onlineshop-generated return shipping label is used, and the seller is responsible for its cost;
  • Returns have been automated;
  • You fail to send your buyer a return shipping label and, instead, 159onlineshop-generated shipping label is used; and/or
  • A transaction is cancelled, and to refund the buyer, you (as seller) authorize 159onlineshop to request that PayPal remove the refund amount (in same or other currency) from your PayPal account. See cancelling transaction for more details.

Global Shipping Program

One of the ways that we may make 159onlineshop.com listings available to international buyers on 159onlineshop.com and on 159onlineshop International Sites is through the Global shipping program. For eligible items located in the kenya and purchased by an international buyer through the Global Shipping Program, you (as seller) will simply ship the item to a parcel processing facility located in the Kenya after receiving notification of payment from your buyer. Pitney Bowes Inc., a third-party global shipping provider, will oversee the processing, customs clearance, and international shipment of the item on behalf of your international buyer. To the extent a buyer has a question about your Global Shipping Program listings, 159onlineshop may respond directly to the buyer if the question pertains to the services overseen by Pitney Bowes Inc. (for example, customs or international shipping). You pay no additional fees for selling through the Global Shipping Program.

You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by 159onlineshop to Pitney Bowes Inc., and by Pitney Bowes Inc. to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. 159onlineshop does not control the privacy policies of Pitney Bowes Inc., its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable.

Additional information about the program, including policies governing feedback, the handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer protection claims for items that you sell through the program, can be found on our Global shipping program and Global shipping faqs pages.

159online Money Back Guarantee

Most 159onlineshop sales go smoothly, but if there's a problem with a purchase, 159onlineshop Money Back Guarantee helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any 159onlineshop Money Back Guarantee case.

If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or 159onlineshop under the 159onlineshop Money Back Guarantee, you authorize 159onlineshop to request that PayPal remove the reimbursement amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

Managed Payments Experience

Certain sellers have opted their account into 159onlineshop new managed payments service, where 159onlineshop Commerce Inc. ("159online Commerce") manages receipt of payments on behalf of sellers (such management described herein as "managed payments" or similar references). For items offered for sale on 159onlineshop Services by sellers using managed payments accounts such items may be paid for using certain payment methods that 159onlineshop Commerce may in its sole discretion make available, and 159onlineshop Commerce will manage settlement to sellers. The contract for sale underlying the purchase of goods is directly concluded between seller and the buyer in the same manner as for transactions for which 159onlineshop Commerce does not manage payments.

159onlineshop Commerce may use a number of third party payments services providers to assist it in providing the managed payments experience, including companies that process payments, perform risk assessments or compliance checks, verify identity and validate payment methods.

By completing purchases from sellers who use managed payments, buyers authorize 159onlineshop Commerce to initiate payments using the buyers' selected payment method and collect the transaction amounts on behalf of sellers. Buyers agree and understand that 159onlineshop Commerce has been appointed as an agent of sellers who use managed payments for the limited purpose of accepting such payments on behalf of sellers. Accordingly, payments received by 159onlineshop Commerce from buyers satisfy buyers' obligations to pay sellers in the amount of payments received.

If you are a buyer completing a purchase from a seller that is using managed payments:

  • In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, high risk or potential violation of any 159onlineshop.
  • 159onlineshop or its affiliates may automatically save payments information, such as credit card or debit card numbers, and card expiration dates, entered by you on 159onlineshop Services when you make a purchase, redeem a coupon, or make any other transaction on 159onlineshop Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on 159onlineshop Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the Personal Information section under the Account tab in My 159onlineshop. You are responsible for maintaining the accuracy of information we have on file, and you consent to 159onlineshop updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide to us information about payment methods that you are authorized to use.
  • You may seek returns or cancellations on 159online Services, or file 159onlineshop claims on 159 Services, in the same manner as you do for transactions for which 159online Commerce does not manage payments. 159online Commerce will refund you amounts paid for successful 159online Money Back Guarantee claims and returned or cancelled transactions. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
  • You agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that 159onlineshop Commerce has no control over, or responsibility or liability for, such fees or actions.

For terms governing sellers' use of managed payments, please see the Seller payment terms of use.

14. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in 159onlineshop applications may not occur in real time. Such functionality is subject to delays beyond 159onlineshop control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using the Services;
  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by 159onlineshop;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any 159onlineshop Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing 159onlineshop Section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the 159onlineshop Money Back Guarantee up to the price the item sold for on 159onlineshop (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) kshs10000.

15. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

16. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of 159onlineshop Services or your breach of any law or the rights of a third party.

17. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND 159ONLINESHOP HAVE AGAINST EACH OTHER ARE RESOLVED.

You and 159online agree that any claim or dispute at law or equity that has arisen, or may arise, between you and 159onlineshop (including any claim or dispute between you and a third-party agent of 159online) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of 159online or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by constitution of Kenya 2010, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and 159online, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and 159online each agree that any and all disputes or claims that have arisen, or may arise, between you and 159onlineshop(including any disputes or claims between you and a third-party agent of 159online) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of 159online or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

    YOU AND 159ONLINESHOP AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND 159ONLINESHOP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and 159onlineshop right to appeal the court's decision. All other claims will be arbitrated.

  2. Arbitration Procedures

    Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.

    A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). You may download form notice. The Notice to 159onlineshop should be sent to 159onlineshop Attn: Litigation Department, Re: Notice of Dispute,159onlineshop will send any Notice to you to the physical address we have on file associated with your 159onlineshop account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

    If you and 159onlineshop are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or eBay may initiate arbitration proceedings. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to 159onlineshop at the following address: 621-00100 Nairobi. In the event 159onlineshop initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your 159onlineshop account. Any settlement offer made by you or 159onlineshop shall not be disclosed to the arbitrator.

    The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is kshs100,000 or less, you or 159onlineshop may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and 159onlineshop subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or 159onlineshop may attend by telephone, unless the arbitrator requires otherwise.

    The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitration's involving different users, but is bound by rulings in prior arbitration's involving the same 159onlineshop user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  3. . The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

  4. Costs of Arbitration

    Payment of all filing, administration and arbitrator fees will be governed by the Kenyan rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is kshs100,000 or less, at your request, 159onlineshop will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by 159online should be . If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse 159onlineshop.

  5. Severability

    With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

  6. Opt-Out Procedure

    IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO 159ONLINESHOP INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 583 WEST 159ONLINESHOP.

    For your convenience, we are providing an Opt-out notice form. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the 159onlineshop Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

  7. Future Amendments to the Agreement to Arbitrate

    Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against 159online prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and 159online. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.159onlineshop.com at least 30 days before the effective date of the amendments and by providing notice through the 159online Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and 159onlineshop must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and 159onlineshop agree to submit to the personal jurisdiction of the courts located within Kenya,for the purpose of litigating all such claims or disposal.