- Welcome to enyi! We are here to make your online shopping experience better and easier.
- In these terms and conditions (“Terms”), “enyi bold & free”, “we”, “us”, or “our” means enyi bold & free, Robertstr. 27, 30161, Hannover, trading as enyi. enyi bold & free (“enyi”, “Site and Mobile Application”) is owned and operated by Molokwu Francis in address Robertstr. 27, 30161, Hannover Germany. enyi is available for download on Apple Store and Google Store. Through enyi, we aim to provide you with a seamless and easy-to-navigate e-Commerce online shopping platform for both sellers and buyers (“Service”).
- These Terms may be amended by us at any time, and by continuing to use the Site and/or Mobile Application, you accept the Terms as they apply from time to time.
2. Scope of our Service
- We act as an intermediary between third-party sellers (who could be businesses or private individual sellers) and third-party buyers, and our role is limited to facilitating your access to our Service, and all products or items (collectively, “Products”) made available on our platform.
- We do not own, create, sell, resell, provide, control, manage, deliver or supply any Product on the Site and Mobile Application, and have no control over and do not make any guarantees or warranties in respect of Products sold through the Site and Mobile Application to the fullest extent permitted by law (see paragraph 11 below). We have used our best efforts to bring you accurate information about products, services, and ideas generally relying on the sources indicated, but cannot vouch for the accuracy of the sources used and you agree to make your own inquiries and use your own judgement about whether a Product, service or idea meets your needs.
- When the buyer purchases a Product through the Site and/ or Mobile Application, the buyer is directly entering into a binding contract with the seller and these Terms do not govern your rights and obligations under such contracts. We do not become a party to or participant in any contractual relationship between the buyer and seller. Each individual seller is responsible for their own compliance with applicable consumer regulations and other laws applicable to the actual sale of Products to buyers.
- We are not acting as an agent in any capacity for any User, except as specified in the Payment Terms in accordance with clause 6.
3. Access to site and service
(a) To access enyi and our Service as either a buyer or seller (collectively, “User”), you must:
(i) be at least 18 years old; and
(ii) have the legal right and ability to enter into a legally binding agreement.
(c) To use our Site and Mobile Application and sign up as a User, you must provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, phone number, profile pictures, bank accounts, a valid email address, and password (“Registration Data”).
(d) If your Registration Data changes, you must promptly update your Account to reflect those changes.
(e) As a User of this Site and Mobile Application and/ or Mobile Application, you agree that:
- your access to and use of our Site and Mobile Application and Mobile Application is non-transferable;
- you will use our Service only for purposes permitted by the Terms;
- you are responsible for maintaining the confidentiality of your Registration Data at all times;
- we may deny anyone access to an Account, our Service or the Site and Mobile Application at any time and for any reason without notice; and
- we are not obliged to confirm the identity of the Site and Mobile Application and Mobile Application Users.
4. Acceptable Use
By accessing enyi bold & free and its Service, you agree to comply with all the permitted uses and prohibited uses of the site and Mobile Application and the mobile application and shall:
(a) use the Site and Mobile Application for lawful purposes only;
(b) not commit any act, engage in any practice or omit to commit any act that:
- is harmful to our systems, reputation or goodwill;
- interferes with the integrity of the Site and Mobile Application, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
- copies or adapts the site and Mobile Applications software;
(c) not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
(d) not systematically retrieve data or other content from the Site and Mobile Application to a compile database or directory without written permission from us;
(e) unless expressly stated in these Terms and Conditions, no part of the site and Mobile Application, content or products & services can be copied, reproduced, republished, uploaded, distributed, sold or otherwise exploited for any commercial purpose whatsoever
(f) not make any unauthorised use of the site and Mobile Application, including the collection of usernames or email addresses for the purpose of contacting or creating user accounts with the intent of fraud or creating a false pretence;
(g) not restrict, or attempt to restrict, another user from using the Site and Mobile Application;
(h) not encourage or facilitate violations of the Terms
(i) advertise products and services that are only intended by us
(j) if selling on the site and Mobile Application comply with Product safety and Compliance legislation relevant to your products and items;
(k) if selling ensure that you adhere to your legal obligations for selling online and by distance regarding the consumers legal rights in the Consumer Contracts Regulations.
(l) if selling all items must be legal, non-hazardous or dangerous, non-pornographic, counterfeit, non-alcoholic, non-hate related and not include any animal products such as fur or taxidermy;
(m) not sell products at a higher price on enyi’s marketplace compared to prices on your own eCommerce channels; or
(n) as a company you also agree and self-certify to be following ethical working practices highlighting which of our eco-values you adhere to, including: Cruelty-free beauty products, Vegan, Plant Based, Organic, Natural skincare and slow fashion.
Order and use of products
(a) The buyer may place an order of the Product/s from multiple sellers (“Order”) by adding items to ‘My Cart’ on the Site and Mobile Application and clicking the ‘Check Out’ button.
(b) When you place your Order, we will issue you with an Order confirmation and Order number. By placing an Order, you make an offer to the seller/s to purchase the Product/s you have selected based on these Terms.
(c) Your cooperation in complying with these Terms is essential to ensure that all Users can enjoy their experience with enyi. Without limiting any other provision of the Terms, you also agree not to do any of the following:
- use the Service in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third-party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other services or products;
- use the Service as part of a trademark, design mark, tradename, business name, service mark, or logo;
- falsely represent that you are the original provider of our Service; or
- modify, adapt, merge, decompile, disassemble, reverse engineer or create derivative works out of the Service.
(d) You acknowledge that we have done our best to display and describe as accurately as possible the colours, shapes and sizes of the Products shown on this Site and Mobile Application. Because the Products’ specifications you see will depend on your monitor and the device on which you view the Products, we cannot guarantee that your monitor’s or devices’ display will be accurate.
6. Payment, Delivery, Refund
- A) Service Fees
(a) We may charge fees to Users in consideration for the use of our Service (“Service Fees”). This includes commission fees charged to sellers for listing their Products on the Site and Mobile Application, monthly subscription fee and any applicable payment and card fees charged to buyers when purchasing Products through the Site and Mobile Application (subject to clause 6A(h)). All Service Fees are in Euro (EUR) and we will be entitled to add on value- added taxes (VAT) for any supply of Products.
(b) We will inform you of any applicable Service Fees (including any applicable VAT) prior to charging any Service Fee to your Account. We reserve the right to change the Service Fees at any time and we will provide Users reasonable notice of any fee changes, with the chance to terminate the Service and receive a refund for any Service Fees charged but not used before they become effective (except where such changes arise from us needing to pass on any increases in VAT or linking changes in prices to the RPI index).
(c) You as a enyi User are responsible for paying any Service Fees that you owe to us. Except as otherwise provided on the Site and Mobile Application, Service Fees are non-refundable.
(d) In this clause 6, “Payment Method” means a financial instrument that Site and Mobile Application Users have added to their Account, such as Paypal , a credit card or debit card. Users may pay for the Service Fees payable by way of Payment Method.
(e) You must provide accurate, current, and complete information when adding a Payment Method to your Account and it is your obligation to keep your Payment Method up-to-date at all times. The information required for Payment Method will include:
- required personal details associated with payment method, sort code and account number; or
- your paypal, credit or debit card details
(f) If we cannot process or accept your payment of Service Fees, we will contact you by email or phone number.
(g) Users are responsible for ensuring their Payment Method details are correct. Changes to Payment Method details can be made by updating your account in the app or as a seller via your dashboard. If your credit card expires or your Payment Method is invalid, your access to our Service may be cancelled or revoked. If you have any issues then contact [email protected]
(h) Please note that the Payment Method may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments in connection with an Order, and we are not responsible for any such fees and disclaim all liability in this regard. Your Payment Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider. Please review these terms and conditions before using your Payment Method.
(i) We reserve the right to delay or cancel any payment for purposes of preventing unlawful activity, fraud, risk assessment, security or investigation.
(j) We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up receiving or paying the correct amount.
- B) Order Payment
- All Payments are made in Euro (EUR) through Paypal the payment processor for enyi.
- Payments will be made to the seller between 2 to 3 days of the product as being marked dispatched to the buyer
- Subject to this clause, if VAT is payable in respect of any supply made to you on the Site and Mobile Application, an amount equal to the VAT payable (at the current prevailing rate) will be included as part of the price at which a Product is sold on this Site and Mobile Application.
- C) Delivery/Shipping
- Delivery times will vary, depending on the seller’s selected shipping method and courier.
- The seller is responsible for the delivery and shipment of the Product/s to the buyer. Neither enyi bold & free or the customer shall not be responsible for any local customs charges, import taxes or duties or any similar charges incurred through the delivery of any Order and the seller must satisfy themselves as to whether any of these charges will become due, and if so in what amounts. If any such charges become due as a result of a shipment and are charged to enyi bold & free by any competent authority the seller agrees to reimburse enyi bold & free or the customer fully in respect of the same within 5 days of our demand.
7. Intellectual Property
(a) The Site and Mobile Application and all of our Service are subject to copyright. The material on the Site and Mobile Application is protected under the laws of Germany and through international treaties.
(b) In these Terms, “Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade-marks, design rights, trade secrets, circuit layouts, source code, domain names, logos, button icons, scripts, design elements, graphics, know-how and other rights of a similar nature worldwide, whether registered or unregistered, and any applications for registration or rights to make such an application.
(c) We own or are the licensee of all rights, title and interest (including Intellectual Property) in the Site and Mobile Application or to the material (including all text information and content, graphics, logos and software) made available to you on the Site and Mobile Application (collectively, “Site and Mobile Application Content”). Your use and access of the Site and Mobile Application do not grant or transfer any rights, title, or interest to you in relation to the Site and Mobile Application Content.
(d) You may electronically copy and print in hard copy the Site and Mobile Application Content solely for your personal and non-commercial use.
(e) We retain all rights, title, and interest in and to our Service and the Site and Mobile Application. Nothing you do on or in relation to our Service or the Site and Mobile Application will transfer any:
- business name, trading name, domain name, industrial design, patent, registered design or copyright;
- right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
- thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process).
(f) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer or sell any Site and Mobile Application Content or any other material in whatever form contained within the Site and Mobile Application unless expressly stated otherwise in these Terms.
(g) The obligations accepted by you under this clause survive termination or expiry of these Terms.
8. Licenses and User Content
(a) We grant you a limited, worldwide, non-exclusive, royalty-free, and revocable licence (“Licence”) to electronically access and use the Site and Mobile Application and order our Service in accordance with these Terms.
(b) You are solely responsible for any material, content, or data that you:
- post, publish or otherwise transmit through the Site and Mobile Application, if available; or
- obtain through accessing or using the Site and Mobile Application
(collectively, “User Content”).
(c) Your User Content must:
- not infringe any law, third party intellectual property rights or any other contractual or proprietary rights of a third party;
- not contain abusive, homophobic, defamatory, libellous, hateful, discriminatory, obscene, inflammatory, or racist language; and
- not harass, bully, or intimidate any person.
(d) You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, remove, copy, store and exploit your User Content for our business or commercial purposes.
(e) The views expressed in any User Content are the views of Users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to notify us of any inappropriate or illegal content. We reserve the right to remove any User Content for any reason without prior notice.
9. Third Party Links
The Site and Mobile Application may contain links and other pointers to Internet website and Mobile Applications, or applications operated by third parties. We do not control these linked website and Mobile Applications and are not responsible for the contents of any linked website and Mobile Application. Your access to any such website and Mobile Application is entirely at your own risk. You should contact the relevant third-party directly to make inquiries concerning the information prior to entering a transaction in relation to the third-party products and services.
11. Exclusions of Limitation and Liability
The following section applies only in respect of the Terms, our Site and Mobile Application and use of our Service, i.e., the Service that enyi bold & free provides to you. Different liability provisions (and your statutory rights) may apply in respect of any Products you purchase through the Site and Mobile Application. Please carefully read the individual sellers’ terms and conditions of sale when purchasing Products through our Site and Mobile Application.
(a) To the maximum extent permitted by law, we exclude all representations and warranties relating to the subject matter of these Terms, our Site and Mobile Application and the use of our Service. This exclusion includes, but is not limited to:
- the completeness, truth, suitability, quality or accuracy of the information or Product descriptions published on our Site and Mobile Application (including third-party material and advertisements);
- whether any result or objective can be achieved or attained by accessing the Site and Mobile Application;
- Any other User’s conduct; or
- that the information on the Site and Mobile Application is current.
(b) If you are a consumer, we do not exclude or limit in any way our liability to you that would be unlawful for us to do so, including:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of your legal rights in relation to the Service, including the right for the Service to be performed with reasonable care and skill and to be provided within a reasonable time and price;
- the Site and Mobile Application to be of satisfactory quality and as described on our listings on the app stores.
(c) Except as may be expressly agreed between us, we do not warrant or represent:
- our Service will meet your requirements or expectations.
- the accuracy of the captioning, keywording, heading, or any other information, representation or thing depicted on or associated with the Site and Mobile Application.
- that the Site and Mobile Application, our Service, any Products on the Site and Mobile Application or site and Mobile Applications linked from the Site and Mobile Application will remain available, uninterrupted, timely, or error free; or
- that any errors or defects on the Site and Mobile Application or with our Service will be corrected.
(d) We only supply the Service for domestic and private use. If you use the Site and Mobile Application or Service for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
11.2 Limitation of liability
(a) Everything on the Site and Mobile Application is provided to Users “as is” and “as available”. None of our affiliates, directors, officers, employees, agents, contributors, and licensors makes any representation or warranty about our Service or Products referred to on the Site and Mobile Application. This includes, without limitation, loss, or damage which you may suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, virus or any other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records.
- costs incurred because of you using the Site and Mobile Application and our Service; or
- any defamatory, threatening, offensive or unlawful conduct by third parties, or publication of any materials relating to or constituting such conduct.
(b) As we are not the seller of any Product, we have no control and do not give any commitment relating to the ability of sellers to sell Products, the ability of buyers to pay for them or that a buyer or seller will complete a transaction or return the Item, and we have no liability in this respect. Sellers are responsible for ensuring that any age-restricted Products are marked clearly with the applicable age restriction (as required by law) and buyers agree that they shall not attempt to purchase Products if they are younger than the advertised and legal age restriction.
(c) If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
(a) You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site and Mobile Application, any User Content, your breach of the Terms or any rights of third parties, except to the extent that we directly caused or contributed to the loss, damage, liability, claim or expense.
(b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
(a) We may at any time, terminate the Terms with you if:
- you have breached any provisions of the Terms;
- we are required to do so by law; or
- the provision of our Service to you by us is, in our opinion, no longer commercially viable.
(b) We reserve the right to:
- cease operating the Site and Mobile Application, without notice and for any reason; or
- to terminate our relationship with you without notice and with immediate effect, if you, in any way, breach the Terms;
(c) If one of the events described in clause 13(a) and (b) occurs, then:
- you will not have any access to the Site and Mobile Application or User Content; and
- we will not be liable for any losses arising as a result of terminating your access to the Site and Mobile Application.
(d) If we terminate the Terms solely due to the events under clause 13(a)(iii) or (b)(i), we will refund any money you have paid in advance as Service Fees but for which you have not received the relevant service
(e) If you are a consumer User, you have the right to end these Terms with us on the below terms:
- If your downloaded enyi bold & free app or any Service for which you have paid Service Fees to receive through the app is faulty or mis-described, you are entitled to a repair or replacement. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your Service Fees back. If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
- If you want to end the Terms because of any of the reasons set out below, the Terms will end immediately and we will refund you in full for any Service Fees charged but services not received and you may be entitled to compensation:
we have told you about an upcoming change to the operation of the app’s services or these Terms which you do not agree to (see Clause 6(A)(b));
we have told you about an error in the price or description of the app or chargeable service within the app you have ordered and you do not wish to proceed;
there is a risk that supply of any chargeable services ordered through the app may be significantly delayed because of events outside our control;
we have suspended access to the Site and Mobile Application for technical reasons, or notify you we are going to suspend this for technical reasons, in each case for a period of more than one month; or
you have a legal right to end the contract because of something we have done wrong.
- If you want to end the Terms because you have changed your mind, you can do so within 14 days and receive a refund for any Service Fees paid but for which you have not received the relevant service. Even if we are not at fault and you do not have a right to change your mind (see 13(e)), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided.
If you wish to terminate these Terms, please contact us by email on [email protected] through your Account Settings/ Contact Support.
(a) If a dispute (“Dispute”) arises between you and enyi bold & free, our goal is to provide you with a neutral and cost-effective means of resolving the Dispute quickly. We strongly encourage you to first Contact us at [email protected] to seek a resolution. We will consider reasonable requests to resolve the Dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
(b) A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute arising out of this Agreement unless it has complied with this clause 14. A party claiming that a Dispute has arisen must notify the other party to the Dispute giving details of the Dispute.
(c) During the 15-Business Day period after notice is given (or any longer period agreed in writing by the parties to the dispute) (Initial Period) each party to the dispute (Disputant) must cooperate and take all reasonable steps necessary to resolve the Dispute.
(d) If the Disputants are unable to resolve the dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for arbitration to an arbitrator agreed on by the Disputants.
(e) Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.
(f) All communications concerning negotiations made by the Disputants in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
15. No Waiver
1.No waiver of rights in these Terms, any of our policies, or agreement between us and a User shall constitute a subsequent waiver of this or any other right under these Terms.
- Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent that it will not affect the enforceability or validity of the remaining provisions.
17. Entire Agreement
18. Law and Jurisdiction
As we are based in Germany, these Terms are governed by and construed in accordance with the laws of Germany. You submit to the non-exclusive jurisdiction of the Courts in Germany and Courts of Appeal from them for determining any dispute concerning these Terms.
19. Force Majeure
Force Majeure means an event which is beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, fires, acts of God, and governmental action. Neither you or we shall be deemed to be in breach of these Terms for any delays or failures in the performance of either party which results from a Force Majeure.
20. Feedback and Contact
Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and Mobile Application and our Service (“Feedback”). You may submit Feedback by contacting us at [email protected]