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On enyi, each seller creates and manages their store. A commission of 15% ( including paypal and card fees ) is taken by enyi on each sale to manage the website and app. The sellers / vendors uploads a product, decides on the price of items and manages the shipments. Sellers / vendors can communicate with customers and keep them informed of the status of their orders.

Buyers can order from several sellers/ vendors and the orders are shipped in one single order. Whether they wish to pay in one instalment or by various instalments, they can also request a return or refund at any time (within the specified return policy of the respective seller), with the guarantee of being satisfied or reimbursed.

enyi is not involved in the purchasing process. Above all, we guarantee the reliability of the transactions. We ensure that buyers receive their ordered items, and the sellers are paid once the items are delivered.

enyi is offering a marketplace website and mobile app for slow fashion designers, cruelty free & vegan beauty brands which use ingredients and materials that are ethically produced and sourced. We made the mobile app easy for buyers to order & get recent updates of products, and super easy for sellers to track, monitor and add simple products to their store.

To begin selling click here to open your store. We love to support businesses.

Simply search for your favourite item and add to bag. All payments are made through enyi account. Only after your ordered items are received in good condition, then we pay out the seller. We guarantee your money back if your item is not received or damaged.

When you see an item you like, the seller is usually written at the side of the item, click on the seller’s name and contact the seller if you have any specific question to ask about the item.

All sellers / vendors on enyi bold & free ship worldwide. The shipping time and cost is set and indicated by each seller. 

 

Order not yet received?

  1. Log in to your account
  2. From your account you can see the shipping status.

The seller has 48hrs to accept your order. After this time, the order is automatically cancelled, and you are refunded.

Check the delivery times:

Some fashion items, beauty and skincare products could be made and shipped from a different country from yours. Delivery times can be longer than regular online shops. You can check the delivery time on the sellers shipping policy page to know the exact shipping time. On a minimum, it takes 15 to 20 days to receive an order.

 

 

Delivery time has passed:

Please contact the seller if you need to know more about your order. If seller does not reply within 48 hrs, please contact us to file for a claim. Then we will contact the seller to get a quick response.

If there is still no answer 48h after our raise, we will cancel the order at your request.

Track delivery with the tracking number

The seller has sent your order and has probably provided a tracking number. You can access the tracking number by going to the website of the carrier provided in the order, then enter the tracking number. The carrier provides updates regarding the delivery progress.

Please contact seller to know more details about your order. Responses are quick. If, however you do not have a feedback from seller within 48hrs, please contact us. We will file for a dispute. We will contact the seller for a quick response.

If there is no response 48hrs after our raise, we will cancel the order at your request.

The status of an order turns automatically to “ended” 30 days after its shipping date. If you did not receive your order, follow the same steps as an order “sent”.

In any case, if you have any trouble with your order, do not hesitate to contact us for a dispute.

Sellers on enyi provide a tracking number when they ship orders. When your order is shipped you will receive a notification by email and your account on www.enyi.app . Copy the tracking number then go to the carrier’s website. You will just need to paste the number in the appropriate field. If you do not see any tracking information in your email, do not hesitate to contact the seller asking for more information. But rest assured, some sellers / vendors ship without a tracking number, often because the price of the item is too low to justify the high cost of a tracked shipment. Whatever happens do not hesitate to contact the creator for more information.

If your package is still not shipped and the given processing time has passed, you can request cancellation. To do this, “Contact seller”, and ask him/her to cancel your order.

If the seller does not respond within 48hrs, you can contact us so that we can intervene.

Before making the cancelation request, we recommend that you check the delivery time stated by the seller.

There are 3 reasons that explain why your order has been cancelled:

 

  1. The seller did not accept the order in time

Once your order is confirmed, the seller has 48 hours to accept it. Otherwise, it is automatically cancelled. The seller certainly lacked responsiveness or has not logged in to her account.

  1. The seller declined the order

If the seller is not able to honour a sale, the seller can decline the order and is required to give you an explanation.

  1. enyi cancelled the order

On rare occasions, enyi might cancel your order. In that case, we will send you a message. 

In any case, all refunds are automatically credited back to your original form of payment.

We take fraud very seriously. In order to keep the community safe for all enyi users, enyi team constantly monitors the marketplace for fraudulent items and dishonest buyers/sellers. Our Zero-Tolerance Policy means that anyone posting counterfeit goods, posting items they do not own, or engaging in any other duplicitous behaviour will be immediately frozen from using enyi.

Step 1:  The buyer places their order, chooses preferred payment method, and receives a confirmation email. The vendor receives a notification indicating the article ordered, as well as the buyers information. Vendor has 48 hours to accept or refuse it, otherwise the order is automatically cancelled, and the buyer will be refunded.

Step 2:  The seller / vendor accepts the order and prepares the package for shipping.

Step 3:  The seller / vendor sends the order, it is recommended to send it with a tracking number, this is not an obligation, but the tracking number serves as proof of dispatch in the event of a dispute.

Step 4: The buyer receives and evaluates his order:

There are 2 ways to complete an order.

  1. The buyer acknowledges receipt of the order and leaves (or not) and evaluation
  2. After 30 days without confirmation from the buyer, the order ends automatically 
  3. The order can be manually completed by the enyi, at the request of the seller, for this, the vendor must provide proof that the package has been delivered

Step 5: The seller gets paid:

When ordering, payment is collected directly by enyi. The seller receives the money in their paypal or bank account under certain conditions: 

  • We use PayPal for Marketplaces to process payments, an improved payment system which is safer and easier to use. To receive payments, you must input a PayPal account or bank details to your profile settings, Payments for new sellers will be held until delivery is confirmed for your first few successful sales.

Whatever happens, we can always cancel an order. In case of cancellation the buyer is automatically credited with the amount in the payment method used.

To begin selling click here to open your store . We love to support businesses.

When an item is sold, a commission of 15% is charged by default per item, including shipping cost charged. The fee also includes paypal / card fees. To list products on enyi is free until 31.12.2021. Afterwards, it costs €10/month to list unlimited products in the website / mobile app.

We use Paypal for marketplaces to process payments, an improved payment system which is safer and easier to use. To receive payments, you must input a Paypal account or bank details to your profile settings, payments for new sellers will be held until delivery is confirmed for your first few successful sales.

It is important to read the following rules, in order to know the rules that govern sales on enyi.

  1. Seller guidelines
  2. The terms and conditions

1- Before the order

  1. For cruelty free, clean beauty and vegan skincare products, make sure that the product description has the list of the ingredients used. For slow fashion designs, make sure that the visuals reflect the colours of the product and that these are mentioned in the description and selected as specifications.
  2. Make sure measurements are mentioned in the description.
  3. Ensure that delivery times are the maximum number of days between ordering and receiving by the buyer, including the production time.
  4. Regularly check sizes and stocks to avoid order cancellations.
  5. The seller account address is considered a return address by default if the seller does not give a proper return address.

2- Getting of the order (“to accept”)

  1. 48hrs to accept the sale, or we automatically refund the buyer.
  2. In case of refusal and cancellation, the seller must give an explanation to the buyer.

3- Order validation (“to ship”)

  1. In case of delay in the preparation of the order, the vendor must absolutely inform the buyer. Otherwise, the buyer can contact the Customer Service and request an immediate cancellation of the order. This cancellation can then be made without warning the seller.
  2. If the production delay is more than 15 days, the seller must send a message at least once a week to the customer to reassure him of the progress.
  3. When a buyer sends a message, the seller has 48 hours to answer. If the buyer does not get any reply, the buyer can contact the Customer Service and request an immediate cancellation of the order, without warning the seller.
  4. After 5 cancellations of this type within 30 days, the seller may be closed.
  5. For clothing order: the designer must send a message to confirm the size and measurements. In case of shipping without confirmation, if the buyer is not OK with the size, the product is considered as “non compliant” => The seller bears the cost of returning the product.
  6. When a buyer asks for help to choose the correct size and the seller does not reply nor provide a precise answer to her /his messages, the seller will have to cover the possible cost of return in case the buyer is not satisfied with its purchase.

4- Shipping order (“shipped”)

  1. It is strongly recommended to make a shipment including a tracking number. Otherwise, in case of loss of package or non-receipt, the customer may request cancellation and full refund of the order, as no proof of shipment.
  2. A buyer sends a message, the seller has 48 hours max to answer. In case of no return, the customer can contact the Customer Service and request an immediate cancellation of the order without warning the seller. After 5 cancellations of this type within 30 days, the seller store may be closed.
  3. The designer is responsible for shipping their items sold to buyers. If the seller uses a shipping or logistics service, the seller takes the entire responsibility to ensure that the buyers receive the items purchased in the shop.
  4. In case of non-receipt of packages, the seller must in all cases initiate the steps with the carrier. In case of shipment by tracking and that it indicates that the product has been received, even if the buyer indicates not to have received, the designer is not required to refund.
  5. If a customer refuses a delivery because he is asked to pay a customs fee, he can ask to be fully refunded because he is not responsible for the shipping method. It is up to the seller to warn the buyer and propose a solution that he/she can accept or refuse.

5- Return of parcels for exchange or cancellation

  1. If a customer wants to return a product that proves to be non-compliant, the return costs are the responsibility of the seller.
  2. A buyer sends a message, the designer has 48 hours max to answer. In case of no return, the customer can contact the Customer Service and request an immediate cancellation of the order without warning the seller. After 10 cancellations of this type within 30 days, the seller’s shop may be closed.
  3. If the customer requests a return address, the seller has 5 days to respond and give it to him, otherwise we give him a default delivery address. If the package is sent to the wrong address, it will still be considered returned.
  4. In case of return of the customer, the seller has 15 days to confirm receipt or warn that he has not received. Otherwise, the package is considered returned.

6- Definition of "non compliant" product

    1. If the seller sends a product and it turns out to be non-compliant, it pays the cost of return and refund fully the order.
    2. A product is considered "non-compliant" if one of the requirements stated was not met and/or the customer provides evidence that:
      • the beauty/skincare product arrived damaged;
      • there is a manufacturing default;
      • the color is different than the color in the product picture or the measurements were missing or not exact;
      • the product is not the same as the one shown on the product picture;
      • the materials and the other descriptive elements are different from the reality;
      • in clothing, if the measurements have not been confirmed before sending;

Step 1:  The buyer places their order, chooses preferred payment method, and receives a confirmation email. The vendor receives a notification indicating the article ordered, as well as the buyers information. Vendor has 48 hours to accept or refuse it, otherwise the order is automatically cancelled, and the buyer will be refunded.

Step 2:  The seller / vendor accepts the order and prepares the package for shipping.

Step 3:  The seller / vendor sends the order, it is recommended to send it with a tracking number, this is not an obligation, but the tracking number serves as proof of dispatch in the event of a dispute.

Step 4: The buyer receives and evaluates his order:

There are 2 ways to complete an order.

  1. The buyer acknowledges receipt of the order and leaves (or not) and evaluation
  2. After 30 days without confirmation from the buyer, the order ends automatically 
  3. The order can be manually completed by the enyi, at the request of the seller, for this, the vendor must provide proof that the package has been delivered

Step 5: The seller gets paid:

When ordering, payment is collected directly by enyi. The seller receives the money in their Paypal or bank account under certain conditions: 

  • We use Paypal for marketplaces to process payments, a new and improved payment system which is safer and easier to use. To receive payments, you must input a Paypal account or bank details to your profile settings, payments for new sellers will be held until delivery is confirmed for your first few successful sales.

Whatever happens, we can always cancel an order. In case of cancellation the buyer is automatically credited with the amount in the payment method used.

You can now manage your product returns from your account. Returns management takes place in a few steps:

The return address is automatically given to customers

Please fill in your return address. It will be directly accessible by your client when requesting a return for exchange or refund.

The customer is only reimbursed when you receive your package

In case of return for refund, the cancellation of the order is effective only after you have received the returned package. You also have the freedom to contest the refund, if you believe that the order has not been delivered in good condition. To do this, simply contact enyi support.

Case: Returns that you can accept or refuse

 

You can accept or refuse an order return, for the following 3 cases:

  • Requests made 15 days after receipt of the item by the customer
  • Swimwear and underwear
  • Tailor-made items
  • Beauty and skincare products

More about return policy can be found here

enyi reserves the right to disable products that do not respect the list of authorized products, and those reported as copying or plagiarism. If this happens several times at the same seller, his or her shop that may be disabled. Please find below details of our product acceptance policy on the site.

1-  Cruelty free, clean beauty and vegan skincare products 

2-  Slow fashion brands / designers 

  1. Non cruelty free beauty and skincare products, drop shipping products.
  2. Products whose photos are not clear or of sufficient quality

3.   Copying and plagiarism on enyi

  1. The products qualified as copy or plagiarism by enyi team will be automatically disabled. And if it happens several times by the same seller, sellers account may be disabled. You have the possibility to report any product that would be a copy or plagiarism, by going to the page of this product, and clicking on "Report this product to enyi", below the "Contact the seller" button.
  2. It is forbidden to use photos of other brands or sites. You must only use pictures that belong to you.
  3. You are also not allowed to offer products or designs identical to those of another existing brand.
  4. We also encourage you to help by "flagging" products that do not comply with this policy by going to the page of this product, and clicking on "Report this product to enyi".

Android and IOS App coming soon. Click here to enter your email to get notified when we launch the buyers app

Android and IOS App coming soon. Click here to enter your email to get notified when we launch the sellers app

The vendors / sellers on enyi choose the shipping carrier of their choice to dispatch their orders. 

Once the order has been accepted, its status changes to “Ship”. The objective is then to dispatch the order as soon as possible. It is especially important to be transparent and contact your client before he/she contacts you, to warn of a delay. This avoids most disputes, inconveniences and the loss of money that goes with it. 

In case of delay in preparing the order, the vendor / seller or designer must absolutely notify the buyer, otherwise the buyer can contact enyi customer service at [email protected] and request an immediate cancellation of the order.

We strongly recommend that you make tracked shipments, and always provide the tracking number to the buyer, specifying the carrier. We also recommend sending the link from the carrier's website to the buyer, so that the buyer can track the package.

Tracking the shipment

Vendors and designers are responsible for their orders until receipt by the buyer. If a buyer does not receive his package, it is up to the seller to contact his carrier to do everything possible to find the package and reimburse the buyer if necessary.

It is important to note that, if you make a shipment without a tracking number, that the buyer is impatient and asks us to cancel his order, we will be obliged to contact you, and leave you 48 hours to reassure the buyer before cancelling if he insists.

Please note that, this service is coming soon for sellers.

We plan to set up a partnership with DHL to help you as a seller to export more easily. You benefit with this deal reduced rates, depending on the weight and the country of destination.

You also have the option to ship not only your www.enyi.app orders, but also those made outside the www.enyi.app platform.

Please note that enyi does not receive any commission for this service.

If you are interested in this service, contact us

To benefit from this service, you must be registered on www.enyi.app

 

The advantages of shipping with DHL from your enyi space

Save Money

The more you ship with the enyi DHL account, the more we can negotiate reduced prices, and the more you can save on shipping costs.

It works works on all your expeditions

You can ship all your parcels, including those that do not come from orders made on enyi (other sites or physical orders).

Time Saving

In your enyi space (coming soon), you can take follow all the steps to generate your shipping slip. Use the pickup service, a DHL agent can pick up your package wherever you are there will be no need for you to move and you can save your time & dedicate it to sending out your orders. Contact us if you are interested in this service.

 

Simplified tracking of your shipment

Do not waste your time tracking your shipments on different sites, this allows you to track all your DHL shipments from one point. By generating all your shipping slips on enyi you will be able to track not just your shipments abroad but also your sales on a central platform.

 

Click below to view

  1. We strive to give our Users a seamless experience and we want you to be completely satisfied with our Service. If for any reason you are unhappy, please contact enyi support at [email protected]

 

  1. As a enyi seller you can initiate a full or partial refund on orders in your dashboard.As a buyer simply contact the seller if you wish to request a return or a refund.

 

  1. If the buyer is requesting to return a Product for “change of mind” reasons, the seller’s return policy (if stated in the listing) will apply – including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a return/ refund request if it falls outside their return policy.

 

  1. For most products bought online, you have a legal right to change your mind and receive a refund within a minimum of 14 days from receipt of your purchase for any reason under the Consumer Contracts Regulations 2013 (the “Regulations”). The 14-day period is the statutory minimum and different sellers may offer longer periods for return. Please check each individual seller’s return and refund policy on their listing. While we try our best to assist you with this process, please note that we do not directly handle the return and refund process and it is the responsibility of each individual seller to comply with these Regulations. As general guidance only, your rights will be similar to those of your rights to terminate these Terms as set out in section 11.

 

  1. The  consumer has the right to return faulty goods, please review the sellers policy.

 

  1. If an item is lost during transit, the seller should assume the contract is terminated and provide a refund or a replacement, unless the loss is proven otherwise. It is recommended to  post with tracking where not cost prohibitive.

 

  1. If a buyer needs to return a Product, it must be returned in the same condition in which it was received, and it must include all items that were in the original package.

 

  1. If the returned Product is missing any parts or is damaged in transit because it was not packaged correctly when the buyer sent it back, the seller can deduct the amount of loss and give the buyer only a partial refund.

 

  1. The User (in this instance Buyer) may cancel an order prior to the order being dispatched (“Cancellation Period).

 

  1. If the buyer cancels an Order, the seller will be notified on their dashboard, it is not necessary to issue a refund of any amount as the payment has not been charged at this stage.

 

  1. We cannot refund, reimburse, cover, or otherwise be responsible for any fees not paid to enyi. This includes any customs taxes or VAT as well as any return shipping costs you may incur in the refund process. At a minimum sellers are required to pay your costs of shipping if you are returning the Products because they are faulty or mis-described, but please refer to the relevant seller’s individual returns policy for further guidance.

 

  1. Except as required by law, we are under no obligation to refund any Payment made by you, in part or in full, for any reason, including, without limitation, deactivation of your Account or discontinued use of our Site and Mobile Application.

 

  1. Hygiene and your and all of our customers’ safety is super important, so certain items can’t be returned for refunds including:
  2. Face + Body products if opened, used or protective seal is not intact
  3. Underwear if the hygiene seal is not intact or any labels have been broken

iii. Swimwear if the hygiene seal is not intact or any labels have been broken

  1. Pierced jewellery if the seal has been tampered with or is broken.

None of this affects your statutory rights. But please refer to the relevant seller’s individual returns policy for further guidance.

 

  1. Your rights of refund or termination of these Terms as between you and us is covered separately in section 11.

1. OVERVIEW

  1. Welcome to enyi! We are here to make your online shopping experience better and easier. 
  2. 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”).
  3. Please read these Terms and our Privacy Policy carefully as they govern and apply to all and any use, access and availability of our Service. If you do not agree to the Terms and our Privacy Policy, please refrain from using the Site and Mobile Application.  
  4. 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

  1.  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.
  2. 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.
  3. 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.
  4. 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.

(b) You must sign up for a User account (“Account”) using your Facebook, Google, Apple or email account. By signing up for an Account, you accept the Terms and our Privacy Policy  as a condition of joining as a User. 

(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: 

  1. your access to and use of our Site and Mobile Application and Mobile Application is non-transferable;
  2. you will use our Service only for purposes permitted by the Terms;
  3. you are responsible for maintaining the confidentiality of your Registration Data at all times;
  4. 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
  5. 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: 

  1. is harmful to our systems, reputation or goodwill; 
  2. 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;
  3. 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:

  1. 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;
  2. use the Service as part of a trademark, design mark, tradename, business name, service mark, or logo;
  3. falsely represent that you are the original provider of our Service; or 
  4. 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

  1. 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.

  1. B) Order Payment
  1. All Payments are made in Euro (EUR) through Paypal the payment processor for enyi.
  2. Payments will be made to the seller between 2 to 3 days of the product as being marked dispatched to the buyer
  3. 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. 
  1. C) Delivery/Shipping
  1. Delivery times will vary, depending on the seller’s selected shipping method and courier.
  2. 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:

  1. business name, trading name, domain name, industrial design, patent, registered design or copyright;
  2. right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
  3. 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:

  1. post, publish or otherwise transmit through the Site and Mobile Application, if available; or 
  2. obtain through accessing or using the Site and Mobile Application 

(collectively, “User Content”).

(c) Your User Content must: 

  1. not infringe any law, third party intellectual property rights or any other contractual or proprietary rights of a third party; 
  2. not contain abusive, homophobic, defamatory, libellous, hateful, discriminatory, obscene, inflammatory, or racist language; and
  3. 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.

 

 

10. Privacy

We will collect, use and disclose any personal information which you provide to us when accessing the Site and Mobile Application in accordance with our Privacy Policy. Any user of this service must comply with Privacy Policy and must not use personal data other than for the reason intended without explicit consent to do so. Further details on our information collection and handling practices, please view our Privacy Policy.

 

 

11. Exclusions of Limitation and Liability

11.1 Exclusions

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:

  1. 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);
  2. whether any result or objective can be achieved or attained by accessing the Site and Mobile Application;
  3. Any other User’s conduct; or
  4. 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:

  1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  2. fraud or fraudulent misrepresentation;
  3. 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;
  4. 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:

  1. our Service will meet your requirements or expectations.
  2. the accuracy of the captioning, keywording, heading, or any other information, representation or thing depicted on or associated with the Site and Mobile Application.
  3. 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
  4. 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: 

  1. 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.
  2. costs incurred because of you using the Site and Mobile Application and our Service; or 
  3. 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.

 

 

12. Indemnity

(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.

 

 

13. Termination

(a) We may at any time, terminate the Terms with you if:

  1. you have breached any provisions of the Terms;
  2. we are required to do so by law; or
  3. the provision of our Service to you by us is, in our opinion, no longer commercially viable.

(b)  We reserve the right to:

  1. cease operating the Site and Mobile Application, without notice and for any reason; or 
  2. 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:

  1. you will not have any access to the Site and Mobile Application or User Content; and  
  2. 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:

  1. 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.
  2. 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.
  3. 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.

 

14. Disputes

(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.

  1. 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.

 

 

16. Severability

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

These Terms, our Privacy Policy and any other terms that form part of it shall constitute the entire agreement between you and us in relation to your use of the Site and Mobile Application and shall supersede all previous agreements between you and us.

 

 

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]

In this Privacy Policy, “enyi”, “our” “we” or “us” means enyi bold & free trading as enyi (Molokwu F.) Robertstr. 27, 30161, Hannover, Germany. We are the owner and operator of marketplace services offered through the enyi website at www.enyi.app and mobile application platform (collectively, “Site”) (the “Services”) and the data controller in respect of your personal information. This means that we are the primary entity who decides the purposes and means for dealing with your personal data.

 

We are committed to protecting your privacy through compliance with the General Data Protection Regulation (“GDPR”) and any other privacy laws applicable to our platform. Please read this Privacy Policy (“Policy”) carefully as it outlines how we collect, use, disclose and store your personal information.

 

We may modify this Policy at any time, and by continuing to use our Site, you accept the Policy as it applies and as amended from time to time with notice.  Your continued use of our Site after any modification to this Policy will constitute your acceptance of such modifications.

 

This policy was last updated on 15th May 2021.     

 

 

1. Objective

This Policy will give you an understanding of:

 

the types of personal information we collect;

why we collect, use and disclose personal information;

how we collect, use, store, disclose and otherwise handle personal information;

how you can manage your personal information;

when we disclose your personal information;

how we deal with data security and third-party links;

how we administer changes to this Policy; and

how you can contact us to give feedback or submit complaints, and how we deal with any such complaint.

 

 

2. Types of information we collect;

  1. a) Registration Data

By creating an account with us, you may enter your details on the input form. We may collect the data that you input for your account creation (“Registration Data”).

We may collect the following Registration Data from Site visitors and members:

business name and details of contact person;

email address;

mailing or street address;

affiliated company name;

telephone number and other contact details; or

any other information relating to you that you provide to us directly or indirectly through our Site/app, including information you provide through emails, social media and seller registration forms surveys and competition entry forms.

  1. b) User Data

If you are a user of enyi, we may collect the following data for the purpose of providing you with our Services personalised to you as a user:

your profile information, picture/s and contact details;

your customers (if you are a seller) and suppliers’ details; and

payment details and supply or order history

(“User Data”).

 

  1. c) Public Data

 

On the Site you may have the ability to comment or participate on blogs, discussion forums or other parts of the Site that allow you to post your comments or engage with enyi or other users (“Public Data”). We may collect this data on enyi when you choose to comment or participate.

 

You should be aware that any information you provide in this manner may be made broadly available for others. Public Data may also cover certain User Data that you choose to make public, however you will have the ability to edit the visibility of the User Data you make public through your account settings.

 

This Public Data includes information such as your profile information, your time zone, and any information you input or upload to your profile (such as profile picture). You are responsible for what you make public.

 

  1. d) Log Data

 

We may receive information when you view content on or otherwise interact with our Site (“Log Data”). We may receive this Log Data automatically.

 

This Log Data includes information such as personal information from your interaction with us and its content, our Services and our advertising, including without limitation device identifiers, device type, geo-location information, connection information, statistics on page views, traffic to and from the Site, mobile network information, time, date, referring URL, the type of operating system and browser, ad data, IP address, server address, date and time of your visit to our Site, information of documents you download, pages visited, search terms, cookie information, and standard web log data.

 

  1. e) Cookies and other similar technologies

 

We may use cookies and similar technologies like pixels, web beacons and local storage to collect and store personal and non-personal information about how you use our Site and our Services.

 

Cookies are files that store information on the device on which you are using or accessing our Site. Cookies also retain your details and preferences, so you can easily continue your browsing session upon return to our Site. If you do not want to activate cookies, you can opt-out of receiving them by amending the settings of your internet browser, although you may find that some parts of our Site will consequently have limited functionality and personalisation if you do so.

 

We may share non-personal and personal information with our affiliated organisations, such as advertisers and/or advertising networks to deliver advertising, and to help measure the effectiveness of an advertising campaign from time to time.

 

By continuing to use our Site, you consent to our use of cookies and similar technologies. We will handle any information collected by cookies in the same way that we handle other personal information described in this Policy.

 

  1. f) Third party analytics tools

 

We may use third-party analytics tools to analyse usage trends on our Site, including the tracking and reporting of Site traffic, ad conversion tracking, traffic analysis and marketing optimisation; and collect this data in aggregate form so that it cannot identify any individual.

 

Third-party analytics tools collect information such as how often you visit our Site, the web pages you visit, add-ons, and other analytics data that assists us in improving our Services. These tools might include, but are not limited to, Google Analytics, Google AdWords conversion tracking, Google Tag Manager, or Facebook Ads conversion tracking.

 

We reserve our rights to modify, add or remove any third-party analytics tools. By using our Site, you acknowledge the processing of any non-personal data these tools will collect in the way and for the purposes described above.

 

 

3. Why we collect and use your personal information

Our principal purpose in collecting, using and storing your personal information is to provide the Services in a personalised, safe and efficient manner. We collect, use, store, share and disclose your personal information for the following legal bases in order to:

 

Performance of a contract with you;

provide and maintain the enyi Services;

register your account and provide you with access to protected areas of the Site;

notify you about changes to the service;

provide customer support services;

respond to any enquiries and communications from you; and

process your payments

Provide you with news updates on the app and its functionality, company updates and share eco lifestyle tips.

 

Necessary for our legitimate interests

ensure the operation and security of our Site (including to authenticate your account and maintain back-ups of our databases);

create a better experience for you on the Site and personalizing our Services to you;

carry out our business in favour of the well-being of our employees and shareholders;

send you important service notifications regarding the Site and our Services (in respect of Account and User Data);

conduct market research and analysis;

protect enyi and its customers by enabling us to take appropriate legal enforcement action and prevent fraud;

detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our Terms and Conditions, this Privacy Policy or any other policy;

enforce our Terms and Conditions, this Privacy Policy or any other policy;

verify information for accuracy or completeness (including by way of verification with third parties); and

aggregate and/or make anonymous your personal information, so that it cannot be used, whether in combination with other information or otherwise, to identify you.

 

Compliance with our legal obligations

comply with our legal obligations, a request by a governmental agency or regulatory authority or legally binding court order.

With your consent send you special offers and general information about other goods and services  similar to those you have already purchased or enquired about, via email and push notifications through the Site.

Share personalised consolidated newsfeeds through our lifestyle functionality.

Where we rely on consent as the legal basis for processing your data, you will have the right to withdraw your consent to these activities at any time, which will mean (unless another lawful basis applies to your data) that we will cease to process the affected data after consent is withdrawn. However, please note this may result in us being unable to provide you with certain features of the Services. To withdraw your consent to email marketing communications, please click the “Unsubscribe” link at the bottom of any relevant emails, update your communication preferences in your user account or update your push notification preferences on your device.

 

 

4. How we collect and use your personal information

We generally collect personal information directly from you when you:

share your information with us on our Site;

communicate with us over email, online chat systems, the phone or in person;

participate in one of our surveys or competitions;

interact with our Site;

purchase products through our Site or use our Services; and

use or access our Site and have set your internet browser to allow us to use cookies to store information from your browser or device.

 

We may also collect your personal information from third parties including:

service providers of our IT, analytics (e.g. Google), social media plugin (E.g. Facebook), chat platform (e.g. XMPPFramework/Swift), mailing list and payment processing services (e.g. Paypal); and

referrals who may have referred you to us.

Aside from Log Data, which may be collected automatically when you access or use the Site, all personal information we collect is voluntary and you can choose not to provide this information to us. However, this may mean that we will not be able to provide you with certain Services or be limited in how we can do so, or properly investigate or resolve any complaint you submit.

 

 

5. Your rights over your personal information

Please note that the below rights apply only if you are based in the EU.

You may, in circumstances, have the following rights in relation to the personal information we hold about you. All rights applicable to you can be exercised by contacting us emailing us at [email protected]  or contacting us through our website at www.enyi.app

You can request to:

access a copy of the information held about you;

rectify any incorrect or incomplete data we hold about you. It is both in our interest and yours that any personal information we hold about you is accurate, complete and current. If the data we hold about you is inaccurate in any way, please contact us to have your personal information corrected. You can also update any incorrect contact information yourself by updating your profile information in your account portal;

delete, restrict or remove the data we hold about you;

transfer the data we hold about you to another party;

object to any further processing of your data, if we are processing your personal information on the basis of our legitimate interests (see “How do we use your personal data and for what grounds” above), or for direct marketing;

We will endeavour to respond to your requests within one month and free of charge. Please note that in respect of all these rights, we reserve the right to:

refuse your request based on the exemptions set out in the applicable data protection laws;

request for proof of your ID to process the request or request further information:

charge you a reasonable administrative fee for any repetitive, manifestly unfounded or excessive requests;

If we refuse your request to exercise these rights, we will give reasons for our refusal and allow you to challenge our decision. If we have shared your data with others, we will tell them about your request to rectify, erase, restrict or object to the processing where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly;

If you have any concerns about how we handle your data, please contact us. If you are not satisfied after we’ve tried to resolve your issue, you’ll be entitled to lodge a complaint with the data protection regulator for your country of residence;

 

 

6. Disclosure and destruction of personal information

We may disclose your personal information to the following third-party entities for the purposes described in this Policy, such as:

our employees, related entities and employees of those entities;

our business partners;

our professional advisers, dealers and agents;

third parties and contractors who provide services to us, including customer enquiries and support services, manufacturing services, information technology service providers, marketing, analytics (e.g. Google) and advertising services, social media plugin providers (e.g. Facebook and Instagram);

payment systems operators (e.g. Paypal);

Any potential or actual third party buyer of our business and/or assets in the event that we sell, trade or licence ownership of any part of the enyi business or assets (including management of the Site);

any third parties authorised by you to receive information held by us; and

government, regulatory and law enforcement agencies as required, authorised or permitted by law.

We keep your data for as long as it’s necessary to meet the relevant purposes for which we’ve collected your data, including for the purpose of satisfying any legal, accounting or reporting requirements.

To determine the appropriate length of time for holding your data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm, from unauthorized use or disclosure of your personal data, the purpose for which we process your data and whether we can achieve those purposes through other means, along with the applicable legal requirements.

 

If you deactivate and delete your account your data will no longer be visible on your account. Please keep in mind that third parties may still retain copies of information you have made public through our Site.

 

 

7. International transfer of personal data

We may on occasion need to transfer your personal data outside your country of residence. This means that your personal data may be transferred abroad to a country with different data protection laws.

If you are based in Germany, where we need to make such international transfers, we will ensure that such transfers are made subject to appropriate safeguards to ensure that a similar degree of protection is afforded to your personal data, including by ensuring that overseas recipients of your data have been self-certified under the Privacy Shield framework, through the use of IPO approved standard contractual clauses or the recipients are based in countries approved by applicable data protection laws to provide an adequate level of data protection.

 

 

8. Data security, storage and third-party information

We store your personal information in electronic form in secure databases owned and operated by our third-party service providers. We manage the security of your personal information by using SSL encryption.

While we take reasonable steps to ensure your personal information is protected from loss, misuse, unauthorised access, modification or disclosure, security measures over the internet can never be guaranteed. This means that we cannot guarantee the security of your personal information. In the event of a breach, we will attend to the required reporting arrangements.  We cannot accept responsibility for the misuse, loss or unauthorised access to, your personal information where the security of information is not within our control.

Our Site may contain links to websites, other apps and social media platforms operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless stated otherwise, we are not responsible for the privacy practices of, or any content, on those linked websites, and have no control over or rights in them. The privacy policies that apply to third-party websites may differ substantially from this Policy, so we encourage you to read those privacy policies before using those websites.

 

9. Changes to Policy

If and when we amend this Policy in any way, we will make all reasonable efforts to bring those changes to the attention of our visitors and members. An updated version of our Policy will be maintained on our Site so that you remain aware of our policies. The updated version will become effective on the date it is posted, which will be listed on the page as the new effective date. We encourage you to check our Site from time to time to view our most current policy.

 

10. Contact us

If you have any questions about this policy or how we handle your personal information, or wish to exercise your rights under paragraph 5 above, please contact us at [email protected] or write to enyi bold & free (Molokwu F.)  at Robertstr. 27, 30161, Hannover, Germany

  1. enyi is an online marketplace website and mobile app platform on which products, conform to the present terms & conditions (and to enyi's policy regarding forbidden products), can be put on sale, sold and acquired by users, as long as their offer, sale or acquisition is not against the current legal provisions and the present terms & conditions.

 

  1. enyi offers sellers the possibility to present and sell their products by the means of virtual shop for each seller, (ii) provides sellers tools to list and manage their products (iii) offers shipping services to facilitate delivery of orders by use of our merchant business DHL service.

 

  1. enyi's activity is limited to the intermediation between buyers and sellers, except specific mention of the present. enyi does not intervene in any way in the transactions between buyers and sellers, who decide on their own and to their own discretion, of the conclusion of the sale using the website or mobile app. enyi is neither retailer nor owner of the products offered on sale on the platform, and never possess the products on sale, except specific mention of the present.

 

  1. enyi has no control on the products and cannot guarantee that the product will satisfy the Buyer. Also, enyi cannot guarantee to the seller that the product will not be returned and/or the sale cancelled by the buyer, all these elements being exclusively and only under the personal responsibility of each seller and buyer, except specific mention of the present terms & condition.

 

  1. enyi on one hand and the user on the other are independent parties, each acting in its own name and account. Except specific mention of the present terms & conditions, the terms & conditions presented do not create any subordination link, mandate, participatory company, common venture, employer/employee relations or franchiser/franchisee relation between enyi and any user.

 

  1. As enyi does not intervene in the transactions between the buyers and sellers, each Member has to inform enyi in the event of a dispute between users for any reclamation, and of any damage present or future, presumed or not, noted or not, resulting directly or indirectly from these reclamations.

 

  1. Without opposition to the preceding, enyi keeps the right to participate to the promotion of the products put online and sold by the sellers, notably the implementation of partnership with other websites, and/or by publications in the medias and/or the sending of advertisement mails in respect of the legal provisions in effect. 

 

  1. enyi does not control the information given by its users and publicly displayed on the platform. The information of the other members can be offending, damaging, imprecise or misleading. The identity and quality of a member can differ from those presented on the website and app. So enyi recommends caution and good sense from each user during his use of the platform and remain at their disposal for any complementary information.

 

  1. By adhering to the following general conditions, enyi gets the authorization from any User to contact them to present new products, offers or any other aspect of the platform following their visit on the platform. The User cannot therefore complain or litigates in any way regarding the said contacts but will always be free at any moment to have it stop by asking formally the enyi team on their stipulated email above.
  1. To access the website and app, the user must first register and open an account on the website. The registration is only allowed to moral entities and physical persons over 16 years old, having the capacity to accomplish legal actions, under reserve, for the minors, to have beforehand the formal authorization of their legal tutor. The registration of a moral entity can only be realized by a physical person empowered to represent it, who must be nominated.

 

  1. Any person that registers as a user on the Website commits to supply exact, updated and complete information and all other data (notably personal) that might be necessary to finalize and maintain the registration on the website and mobile app, notably a valid e-mail address and all necessary complementary information to become seller or buyer. Each member commits also to update his account and to add without delay any modification concerning his information. Each Member will be held sole responsible of any consequence that might result from the supply of invalid, erroneous or misleading information to enyi and/or another Member.

 

  1. To register, the user must choose a username and password. The Member commits to not register under a username that might offend or violate the rights of a third person. Notably, the user won't use a username that will violate the copyrights, brands, corporate designations or business name of a third party. The Member is also free to request a change of his username at any time, all that needed is to contact the enyi customer service using the form dedicated in the account on the platform.

 

  1. The registration of the user on the website and mobile app allows creating a unique account with which the user can access the whole platform. This account, especially the email address used or any other identification data obtained, will also be used to communicate regularly the new products, offers, promotions or just collect his opinion , by email or any other communication mean available.

 

  1. The username and password of the user are strictly personal, and the Member commits to maintain its confidentiality. The registered member is the only one allowed to use the platform via username and password and commits to not allows anybody an access under the user’s identity or username. The use of a member username, associated with his password, presumes an access, and use by the said Member. In the hypothesis where the Member realizes the access of his account by a third party, the Member must inform enyi immediately by e-mail at the address [email protected]

 

  1. Each Member commits to create and use only one account, except specific and formal mention by enyi for the sellers. Any exception to this rule must be supported by a explicit request by the Member and an express and specific authorization by enyi. The creation or use of new accounts under one's own identity or a third party's without requesting and obtaining the authorization of enyi could result in the immediate suspension of the accounts of the Member and all services linked.

 

  1. Each user commits to using the website & mobile app and supplying contents on the platform respecting the present terms & conditions and the legal provision in effect.

 

  1. Each user is responsible of the content posted, even if enyi controls the content after its upload. The Member forbids himself to do any act or action:
  1. violating the copyright, patents, brands, sketches and models, fabrication secrets, divulgation right or private life of the third parties;
  2. defamatory, injurious, denigrating or slanderous ;
  3. discriminatory or inciting to racial, religious, ethnic violence or hatred ;
  4. obscene or paedophile ;
  5. likely to be qualified of embezzlement, fraud, breach of trust or to fall as any other penal infraction ;
  6. in order to obtain the transfer of money without in counterpart the delivery of a Product conform to the present General Conditions and of a value corresponding to the amount asked ;
  7. likely to damage any informatics system or clandestinely intercept any data or information ;
  8. engaging the responsibility of enyi or with consequence the benefit loss of all or part of the services provider of enyi at notably the Internet services, payment and/or data storage providers. ;
  9. likely to damage the reputation of enyi or to constitute unfair competition or parasitic of enyi or any other users or third party;
  10. which violates any law or directive applicable or any contractual clause binding the Member.

 

  1. By communication a content via the website & mobile app, the user grants enyi (but without any obligation to enyi) a non-exclusive, non-transferable, free and sub-license eligible, for the whole world, and the duration of the Member registration, to use, reproduce, represent, publish, put to disposal, communicate, modify, adapt, display on the Website and any other supports (notably any physical or numerical support, in any press or financial folder or report, presentation support, promotional and or advertisement material, website) by any means, all or part of the content, without limitation in the number of copies, to storage, advertisement, promotion, marketing, communication, public relations purposes, and for the needs of implementation of partnerships or sponsorships with enyi´s partners. The user acknowledge that any use of his content made by enyi before deregistration, the suppression of his account and the resolution of the present terms & conditions, cannot be opposed by the user.

 

  1. By communicating a content on the website and mobile, the member also grants directly to any user a non-exclusive, personal, non-transferable, non-eligible to sub-license, for the whole world, to reproduce and represent the content to private non-commercial purposes.

 

  1. The user acknowledges that his/her content can be seen on the website & mobile app by any user that might access to his profile and follows his activity.

 

  1. Each user agrees to indemnify enyi in the event of action of a third party against enyi as soon as the action might have its cause, funding, or origin any content supplied by user on the platform. Each user commits to sustain all consequences, notably financiary, that might result of such action and to indemnify at first notice enyi. enyi has the right, without indemnity, notification nor prior notice, to modify or suppress the content that violates one the dispositions of the terms & condition and suspend or suppress the member account.

 

  1. In the event of a user noticing the sale of forbidden products on the website & mobile app, he/she commits to alert immediately enyi using the button « Report Abuse » and/or by e-mail at [email protected]

 

  1. The user also forbids himself/herself to (i) include in his research keywords terms harming the rights of a third party, and notably to the author rights, brands, social denominations, or names of a third party or a user, by using all or part of the username of another user (ii) include in any content, any part of complete URL, address or domain name directing towards a website external to the platform.

 

  1. In the hypothesis of enyi learning about any act or intent of a Member outside or inside the platform (i) in order to reroute/redirect or try to reroute/redirect all or part of the sellers or buyers of the website & mobile app or entice all or part of the seller or buyers to not or not anymore sell or buy on the website & mobile app or any virtual shops on the on the platform, (ii) potentially dishonest, prejudicial, antitrade, degrading, slanderous, defamatory, injurious, detrimental or damaging to enyi, the Platform, of any Member, any third party (iii) violating in any manner the legislations and rulings applicable and/or (iv) aiming to promote any other activity or service than the platform’s, enyi keeps the right to terminate the member's account shop, and the following terms & condition.

 

  1. In the event of enyi noticing any act or intent of a user, outside or inside the Platform, of commercially soliciting, prospecting or any other mass (to more than 3 Members in a 3-month period) contact without prealable authorization by enyi, enyi has the right to suppress the account and forbids access to the platform to the person by all means available, without withdrawing the possibility of complementary litigation.

 

  1. The Member has the obligation to act in good faith in relations with enyi and the other users.
  1. enyi’s goal is to: help the sellers to sell their products and help them develop their activity. It is also notably precise that the products on sale on the website and mobile app www.enyi.app are exclusively to be slow fashion brands/designs, cruelty free, clean beauty, and vegan products:

- either to be made or composed of matter, components, ingredients, or fabrics that are ethically sourced and produced.

 

  1. The website and mobile app enable the seller to create a virtual shop using a unique account which is associated to an e-mail address, and username and the password unique. Also, the seller is obligated to propose to the buyer the credit card payment method, to allow the buyer to pay all the products bought on different shops of the same time in one payment and/or instalment payments

 

  1. enyi also offers promotional tools to the sellers (for example reduction coupons, partners offer etc…). The use or not of such tools offered by enyi is under the sole responsibility of the seller.

 

  1. Each seller forbids himself/herself to list and offer to sale on the website and mobile app any Products:
    1. explicitly unauthorized to sale by enyi on the website & mobile app, notably a seller’s charter;

 

    1. against the law and regulation effective or the good customs and morals or unauthorized according to the current dispositions , notably forbidden products (in particular the products constituting illegal concealment or importation), violating the rights of a third party such as counterfeit products as defined by the code of intellectual property, sold in violation of selective or exclusive distribution networks, or stolen and/or non-conform to the effective prescriptions relatives to security and the health of persons applicable to certain products (for example the toys, the electrical apparels, the cosmetic and corporal hygiene products, child care articles, textile articles or leather or leather-imitated articles) ;

 

    1. enyi brings to the seller's attention the absolute necessity for the seller that puts a product on the market and especially to be sold on the platform, to ensure that the product is strictly conform to all legislation, ruling and other prescriptions applicable, starting from its production or fabrication to its purchase by the buyer. Therefore, the seller commits to engage all means necessary to reach this obligation of legal conformity, especially the implementation of auto-controls at all steps of the commercialization and the justification on demand of the competent authorities to control and verify accordingly.

 

    1. which are not tangible and numerical or physical objects;

 

    1. which solicits donations, complements, add-ons or any other pecuniary action supplementary.

 

    1. not corresponding or not exactly to a product of the seller, effectively available for purchase or to be sold on the website and mobile app.

 

    1. which the seller to not dispose of and/or is not able to deliver, notably according to the delay indicated in the online offer.

 

  1. which the pictures were not realised by the seller, or for which is does not hold all the rights. Only the photos fully and legally owned by the seller are allowed.

 

  1. In the event of enyi noticing, following an alert of a user or by its own action, the selling of forbidden products on the website, enyi keep the right:

 

    1. to un-list the sale of forbidden products or any products contrary to the present terms & conditions;

 

    1. to block, suspend, close, or suppress the account of the seller.

 

  1. communicate the capable authorities all information required regarding the sell offer and/or buy of any forbidden product on the website, including the nominative information of users if necessary and/or cooperate with the competent authorities on demand.

 

  1. Each seller commits:
    1. to indicate the complete and exact characteristics and specifications of product on sale on the platform and the fabrication delay, the product price (all taxes included, especially duties’ to be paid if applicable), the delivery delay and the shipping cost, conforming the regulation applicable ;
      Therefore, for all order on which the duties tax or any other additional taxes are billed to the buyer, the seller commits to take in charge this cost , according to financial modalities to be agreed with the buyer.

 

    1. to carry out all necessary inquiries to fabricate or sale each product for the offer to be accurate and that the Buyer might not be mistaken. Each seller is sole responsible of supplying the integrity of the sale offer elements notably the description, photos, price and cost and delay of delivery.

 

  1. to put the product in the proper category and with the proper specifications to be filled in and found , the seller being sole responsible of the category in which he indexes his product, this indexation cannot be interpreted in no circumstances as a guarantee from enyi on the origin, legal conformity and authenticity of this product.
    enyi may however moderate, modify , suppress or block any product that is not the right category or bears the wrong specification , or is contrary to the seller’s chart or the present conditions.

 

  1. Each seller is the sole responsible of any products he puts to sale on the platform, also as the respect of all laws and regulations applicable to the fabrication and sale of these products and will be sole responsible (notably in front of the buyer but also of enyi) in case of damage caused by his products and more globally of all consequences linked to the offer and sale of his products. enyi warns the seller against the existence of specific regulation applicable to the sale and fabrication of certain regulated products such as for example, the toys, the electrical tools, the child care tools, the textile articles, the leather or leather imitation articles etc.. enyi can be in no manner hold responsible for the sale of a product by the seller that would not be conform the law and regulation in effect.

The Seller commits to guarantee enyi in the event of the complaint, action , claim of a third party against the non-conformity of a product to the applicable legislation , and to indemnise enyi of all consequences linked to the non-conformity of his Products to the laws and rulings applicable . The seller commits accordingly to take directly to his charge the payment of all sums, including all eventual condemnations, legal fees, lawyer's fees and other amounts that might be due to this effect (or to reimburse enyi at first demand).

 

  1. The seller commits to keep all information on the buyer confidential and do not share them. The seller also commits to use the contact details and other data communicated by the seller only for the purpose of ordering processing and the legal obligations corresponding. Notably the seller commits to not propose to the Buyer products available outside the platform and not to use the personal information of a buyer for other objectives than the execution of the order on the website and mobile app.

 

  1. Each seller guarantees to own all the necessary rights to sale any Product offer to sell on the platform and guarantees enyi against any reclamation regarding the content of a sale offer and/or the execution of the sale.

 

  1. In case of a dispute between sellers on the content publicized by one of them (for example in case of counterfeit or illegal competition by one of the sellers), enyi intervene in the dispute resolution by keeping the right to act/punish on the platform any or multiple parties concerned. enyi also keeps the right to not pursue reclamations from a seller in these cases, without encountering any responsibility at this title. Any potential intervention of enyi cannot be substituted to the consultation by the seller of a lawyer if needed. The seller which behaviour (inside or outside the website and mobile app) is susceptible to hurt the image and/or reputation of enyi or the platform, might have his behaviour sanctioned by enyi. in the event of consecutive and repeated negative feedbacks or complaints with one or many buyers.

 

  1. The seller can get the amount of his/her virtual wallet by PayPal or bank transfer, depending on the conditions met by the order progression and his/her status.

 

  1. Case of the professional seller;

The seller acting as a professional must indicate it on the platform and fill his/her VAT number and any other information required by enyi to enable identification.

It is the responsibility of each seller to determinate if he acts as a professional or not, by asking, if necessary, at his cost, the legal assistance necessary to determine his status and accomplish all proper formalities according.

enyi also reminds the seller acting as a professional his obligation to respect all the rules and obligations incumbent upon him in his/her quality of professional, regarding the applicable law, notably but without limitation to the consumption right (offer clarity made to the consumer, consumer information, delivery conditions, retraction right of the consumer, remote and overbroad billing, guarantees etc..), the company law, social law , fiscal law, illegal, deceptive or aggressive competition laws, and those regarding the sales, that he declares to know perfectly.

The seller acting as professional guarantees enyi that he/she conforms as a professional to his/her obligations and indemnify enyi of all consequences linked to the violation of the seller to any of his obligations as a professional seller. The seller then commits to directly take in charge the payment of any amount, including eventual condemnations, advocate fees and any other amounts that will be due according to that violation.

 

  1. The seller commits to respect the conditions and modalities of sales in place in sellers country and the buyer’s, especially in terms of exchange, refunding and return fees responsibilities. In case of conflict between countries' legislation, the latest legislation in Germany is the referring legislation.

 

  1. As a member of the community and to protect its image, the seller has the obligation to fix any litigation or issue pleasantly and to the advantage of the buyer as much as possible, even if he acts in unpleasantly or bad faith. If this happens, the seller is then free to end the transaction by refunding the buyer and notifying him politely.

 

  1. The seller commits to deliver the products to the buyer in the delay indicated on its page on the website, or ideally before or if not in 10 days maximum from the order date. Otherwise, the seller commits to update the buyer each week at minimum and if the buyer requests it, to refund him/her entirely. This refund should be done even if the product is being delivered but that the announced delay has been expired.

 

  1. The seller commits to respect each point of the enyi seller’s chart scrupulously, with good faith and proactivity as much as possible. Otherwise, user can be subjected to the same sanctions as those evoked in these terms.

 

  1. The terms & conditions implemented by the seller cannot be contrary to the applicable laws nor to the following terms & conditions, and only applies of the occurring case does not correspond to the stated rules, to those stated here or in the seller’s chart.

In the case of opposition or difference between the terms and conditions of a shop and those of the Platform, the Seller commits to always respect the present and correct his, or he may face a shop suspension or deletion.

  1. The buyer can only create one account on the website & mobile app. The opening of this account allows access to the platform and buy product on the website and mobile app, through the same account.

 

  1. The buyer commits to respect all the laws and regulation regarding the acquisition of any kind of goods.

 

  1. After choosing product(s), the buyer will have to verify the detail of this orders, the amounts and fill, if necessary, depending on the payment method chosen, the information allowing the payment of the product(s) and correct eventual mistakes, the confirmation of the order by the seller being automatically good for acceptation by the buyer. This confirmation will amount to a purchase offer.

 

  1. As soon as the Buyer has ordered Product on the Platform, the Buyer accepts that his/her name, surname, and his/her delivery address, country and town are communicated to the sellers and potentially to any visitor of the website and mobile app (through the ratings). The Buyer is also responsible to verify his/her communicated address and cannot hold the seller or enyi responsible, in case of mistakes in the address entered.

 

  1. The orders done by the buyer are independent one from another. If one or many orders are or were not accepted by the corresponding seller(s), the other orders of the buyer are not null and void and bound the Buyer. Therefore, the fact that one or many Product(s) ordered to one or many seller(s) on the platform is (are) not available is not a valid renunciation reason on the totality of the orders made, the buyer being obligated to honour his order of the other product(s) available.

 

  1. As soon as the product(s) ordered are received, the buyer will confirm this reception. In the absence of reception confirmation of the product(s) ordered, the buyer should fill a formal complaint. If, after 30 days since the expedition date of the order, neither confirmation nor reclamation is received by the seller, the transaction is considered finished between the seller and the buyer.

 

  1. The buyer is responsible to read and check the integrity of the product description and the seller's shop and sales conditions, including shipping conditions, before making purchase. The buyer cannot retract his purchase for this reason or any request to the sellers or enyi for any confusion, missed information or inattention from his side.

 

  1. The buyers is responsible to contact the enyi team if she/he wishes to modify the information displayed or recorded or to be taken out of the enyi database of mailing list.