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1. Introduction

This is user agreement on e commerce and mobile platform, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which 159onlineshop offers you access to and use of our Services. You can find an overview of our policies here. The Mobile Application Terms of Use, all policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is: 159onlineshop based in Nairobi Kenya,In this User Agreement, these entities are individually and collectively referred to as "159onlineshop," "we," or "us."Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 to this User Agreement was effective for all users on May 30, 2019.

2. 159onlineshop

159onlineshop is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. 159onlineshop is not a traditional auctioneer.

Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, 159onlineshop has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

3. Using 159onlineshop

In connection with using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an 159onlineshop policy, for example, 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 an 159onlineshop policy, for example, the buyer fails to comply with the posted terms 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, deceptive, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems (see all about on Facebook);
  • transfer your 159onlineshop 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;
  • distribute viruses or any other technologies that may harm 159onlineshop or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of 159onlineshop;
  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any 159onlineshop application or tool, 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, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to 159onlineshop. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to 159onlineshop 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;
  • commercialize any 159onlineshop application or any information or software associated with such application, except with the prior express permission of 159onlineshop;
  • harvest or otherwise collect information about users without their consent; or
  • circumvent any technical measures used to provide the Services.

Sellers must meet 159onlineshop minimum performance standards. Failure to meet these standards may result in 159onlineshop charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

If we believe you are abusing 159onlineshop and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating the policy on Offers to buy or sell outside 159onlineshop, 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, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling out of 159onlineshop, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

4. Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

5. Fees and Taxes

The fees we charge for using our Services are listed on our Standard selling fees page. We may change our seller fees from time to time by posting the changes on the 159onlineshop site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all 159onlineshop Services, even if sales terms are finalized or payment is made outside of 159onlineshop. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of 159onlineshop, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of 159onlineshop Services for the introduction to a buyer.

You must have a payment method on file when selling through 159onlineshop Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 60 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees. 159onlineshop, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information 159onlineshop reported to a credit bureau (i.e., CRB, or Trans Union) please contact us at 159onlineshop,If you wish to dispute the information a collection agency reported to a credit bureau regarding your 159onlineshop account, you must contact the collection agency directly.

In any jurisdiction where 159onlineshop has an obligation to collect sales taxes on sales you make using 159onlineshop Services, we may collect such sales taxes from you via the payment method on file under the terms of the Billing Agreement or via any other means available to us.

Seller fees don't purchase exclusive rights to item exposure on 159onlineshop, whether on a web page, mobile app, or otherwise. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

6. Listing Conditions

When listing an item for sale on 159onlineshop Services, you agree to comply with 159onlineshop listing policies and selling practices policy and that:

  • You are responsible for the accuracy and content of the listing and item offered,
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). 159onlineshop can't guarantee exact listing duration,
  • Your fixed-price listings currently renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Effective July 1, 2019, your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or 159onlineshop, in its sole discretion,
  • Content that violates any of 159onlineshop policies may be modified, obfuscated or deleted at 159onlineshop discretion,
  • We may revise product data associated with listings to supplement, remove, or correct information,
  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    • buyer's location, search query, browsing site, and history;
    • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    • seller's history, including listing practices, Detailed Seller Ratings, 159onlineshop policy compliance, Feedback, and defect rate; and
    • number of listings matching the buyer's query,
  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
  • Some advanced listing upgrades will only be visible on certain Services,
  • 159onlineshop Duplicate listing policies may also affect whether your listing appears in search results
  • Meta tags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results,
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers.