Terms of Use.

Last Updated: October 2023

  1.  ACCEPTANCE OF TERMS

Welcome to the Fruugo electronic shopping sites (“Service”), provided to you by Fruugo.com Ltd and any wholly owned subsidiaries of Fruugo.com Ltd and any group affiliates including Fruugo (Ireland) Ltd (“we”, “us” or “Fruugo”).

The Service is operated by Fruugo.com Ltd. Fruugo is registered in England and Wales under company number 06553460 and Fruugo’s registered office is Fountain Street House, 13 Fountain Street, Ulverston, Cumbria, LA12 7EQ. Fruugo’s VAT number is GB 413 9004 29.

These Terms of Use ("TOU") govern your use of the content, software and services offered through the Service. Please read this TOU carefully before using the Service. By using the Service, you accept and agree to be bound by the TOU. If you disagree with the TOU or any changes made thereto, you should discontinue your use of the Service.

Fruugo reserves the right, at its sole discretion, to change, modify, add or remove sections of these TOU at any time. It is your responsibility to check these TOU periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these TOU, Fruugo grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.

Unless otherwise agreed to in writing by you and Fruugo, by registering for or otherwise using the Service in any manner, including, but not limited to, visiting or browsing the Service, you agree to be bound by and comply with these TOU, and all additional terms and conditions (“Additional Terms”) and policies and guidelines (“Policies”) referenced herein or published or made available by Fruugo, in each case to the extent such Additional Terms and Policies are applicable to your use of the Service.

The Additional Terms and Policies include, but are not limited to, the following:

●        Fruugo Privacy Notice;

●        Fruugo Cookies Policy;

●        Fruugo Prohibited Products Policy;

●        Fruugo Anti-Counterfeit Policy;

●        Fruugo Trademark Policy;

●        Third Party Legal Complaints Policy;

●        Protection of Minor's Policy;

●        Fruugo Accuracy of Content Policy.

All Additional Terms and Policies are hereby specifically incorporated herein by reference, and the TOU, together with all Additional Terms and Policies, form the entire agreement between you and Fruugo (the “Agreement”) with respect to the subject matter hereof and supersede all prior agreements.

To the extent that the TOU conflict with any other Additional Terms or Policies provided by or through us, the Additional Terms or Policies, respectively, shall control to the extent of the conflict. Any additional terms and conditions you may propose in any order confirmation or other documentation are rejected and shall have no effect unless expressly agreed to by us in a separate written agreement with you. Your use of a particular part of the Service may also be subject to guidelines and policies applicable to such Service which may be posted and changed by Fruugo from time to time.

This Agreement sets forth the terms and conditions legally binding on you (“you”) as a user of the Service.

Unless explicitly stated otherwise, any new feature or enhancement or release of new properties to the Service, shall be subject to the TOU.

 2. PROPRIETARY RIGHTS AND TRADEMARK INFORMATION

Fruugo is the operator of the Service and the contents of it are either Fruugo’s property (or that of our affiliated companies) or are used under licence from our suppliers. Fruugo is the owner of the compilation of information in this Service.

Fruugo’s rights, and those of our affiliates and suppliers, are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this Service may incur civil liability or attract criminal sanctions. Fruugo grants you a limited, non-exclusive and revocable licence to access the Service for the purposes of browsing retailers’ products, ordering goods, or obtaining contact information for retailers or us (or our affiliates).

Your licence to access the Service does not extend to any commercial use of our website or to any use of our website whatsoever, which is for the benefit of any commercial entity other than Fruugo (or our affiliates).

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The Fruugo logo, website and Service marks, and other Fruugo logos and product and service names are trademarks of Fruugo.com Ltd (“Fruugo Marks”). You further acknowledge and agree that content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws as outlined in our Fruugo Trademarks Policy.

Except as expressly authorised by Fruugo in writing, you agree not to display or use in any manner, the Fruugo Marks. Please read Fruugo’s Trademark Policy for further information on Fruugo Marks. You are expressly not permitted to download any part of our Service (other than by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our Service or website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website.

3.OUR BUSINESS

Fruugo is a global marketplace which allows independent retailers and buyers to connect with each other. Fruugo allows retailers to set up stores that list and sell product (“Product” or “Products”) to end users.  Fruugo does not itself sell the relevant Products, does not handle, verify or otherwise see the relevant Products, and is not involved in the fulfilment process. Fruugo is not the manufacturer nor the distributor of the Products on its platform. Each product display page clearly identifies the name, location and address of the retailer offering the Products for sale on the Service.

4.COMMERCIAL AGENT STATUS

Each of Fruugo.com Ltd and Fruugo (Ireland) Limited may act as a commercial agent of the retailers only and not on behalf of customers. In Fruugo’s agreement with the retailers, the retailers have authorised Fruugo to conclude the sale of Products to customers on behalf of the retailers.

Fruugo is a business-to-consumer (“B2C”) marketplace – Fruugo facilitate sales from businesses to end consumers.  The retailers are the merchant of record in respect to the Products sold. Fruugo is the merchant of record in respect to the payment for the Products purchased. When you purchase a Product on the Service, the contract for sale is solely between you and the retailer. That means that when you purchase a Product on the Service, your transaction is with the Merchant who listed the Product, and that Merchant is responsible for fulfilling your order.

Fruugo does not verify any of the Products listed for sale on the Service. Fruugo operates a Notice and Take Down Procedure that third parties are able to utilise where appropriate and Fruugo may remove Products at its sole discretion from the Service. Fruugo may assist a retailer with a Product recall in the event that a Product is deemed unsuitable for sale by a Product safety regulator.

As Fruugo is a B2C business, tax is charged on your order in accordance with the B2C tax rules applicable to your order, considering the purchase price, your location and the retailer’s location. Fruugo is unable to issue or amend invoices for a business-to-business (“B2B”) scenario.

Further to the above, Fruugo does not have possession of anything listed or sold through its websites and is not involved in the actual transaction between buyers and sellers (the retailers). Fruugo is not a party to the transaction and the contract for the sale is directly between buyer and seller. While Fruugo may help to facilitate the resolution of disputes, Fruugo has no control over and does not guarantee the existence, quality, safety or legality of the Products listed; the accuracy of the seller’s listings content; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

As a responsible online platform, the integrity of the Service is of the utmost importance to our business and all our partners. All retailers using the Service must adhere to Fruugo’s retailer terms and conditions and we require both retailers and consumers to adhere to the terms outlined in this TOU.

All Products sold by retailers on the Service are sold on the basis that they are for personal, domestic use only.

5.FRUUGO’S PRIVACY NOTICE

Registration Data (as defined below) and certain other information about you is subject to Fruugo’s Privacy Notice. For more information, please see our full Privacy Notice.

You agree that we may access, preserve, and disclose your account information and any content provided to you through the Service (“Content”): (a) to Fruugo’s affiliated companies worldwide for the purpose of providing the Service to you and others in an efficient manner; (b) for the purpose of properly administering your account in accordance with our standard operating procedures; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or safety of the Service, its users and the public.

Fruugo may record customer service or sales calls for training and quality standard purposes and collect other information related to the interaction between you and Fruugo and between you and the retailer represented by us.

6.YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate and complete.

If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any future use of the Service (or any portion thereof).

Fruugo has a Protection of Minors Policy and in order to use the Service, you must be at least eighteen (18) years of age. Fruugo has made it mandatory for third-party retailers using the Service to implement age verification processes for the sale of any age-restricted Products.

7.FRUUGO ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur on the Service under your password or account. You agree to immediately notify us of any unauthorised use of your password or account and of any other breach of security in respect of the Service. Fruugo cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

8.PRODUCTS AND DELIVERY

As explained in Section 4 above, all Products displayed on the Service are sold by third-party independent retailers. Fruugo is neither the buyer nor the seller of the Products. Fruugo.com Ltd is the Service platform provider.

In our agreements with the retailers, the retailers have authorised Fruugo to conclude the sale of Products to customers. This means that depending on the transaction being completed, Fruugo.com Ltd or Fruugo (Ireland) Ltd has the authority from the retailers to bind the retailers to a sale of Products but this does not impact the parties which are contracting for the sale of the relevant Product. A contract formed on the completion of a sale of a Product through the Service is made solely between the customer and the retailer, although Fruugo has the retailer’s authority to bind the retailer to a sale of a Product pursuant to such contract. Fruugo is not a party to such contract nor assumes any responsibility arising out of or in connection with it.

We are monitoring retailers' delivery processes in respect of sales made through the Service and  customers' feedback of Products sold, however, Fruugo does not have any direct control over and does not handle or verify the individual Products or deliveries of Products sold on the Service.

When you place an order using the Service, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the retailer. The contract between you and the retailer in relation to the Products will not be formed until we have checked that the retailer accepts your order. If your order is accepted, Fruugo will send you a confirmation email, which concludes the contract between you and the retailer. The confirmation email will include a description of the Products purchased in the order and certain other information about your rights to cancel the contract between you and the retailer. Only those Products listed in the dispatch confirmation email are included in the contract between you and the retailer. If an order has been marked as confirmed, cancellation may not be possible as the retailer begins the fulfilment process immediately once an order has been confirmed. Please see the Cancellation and Returns Policy for further information.

Fruugo receive your payments on behalf of the retailer, and we also undertake to refund you on behalf of the retailer any moneys which you may become entitled to. It is the retailer’s primary decision as to whether there is a legitimate entitlement to a refund. However, there are some limited circumstances in which we may decide to issue a refund and reclaim this amount from the retailer.  Your payment will be processed by Fruugo.com Ltd or any wholly owned subsidiary of Fruugo.com Ltd (including Fruugo (Ireland) Ltd) and passed by us to the relevant retailer(s) in settlement of your debt to each retailer for purchases made by you through the Service.

Further instructions are given in the relevant chapters of the Fruugo Help Centre. Such instructions may be amended from time to time with or without notice to you. You understand and agree that such instructions will form an integral part of this TOU.

Warranty terms are Product specific, and therefore will be provided with the relevant Product, or by the relevant retailer.

9.COMPLIANCE WITH LOCAL LAWS AND RULES

You must familiarise yourself with all applicable local laws and rules relating to online conduct, acceptable content and prohibited Products in the country in which you reside. You will be responsible for any customs charges, fines, penalties, sanctions or other expenses incurred pursuant to an order made by you if it is deemed to be illegal in the country in which you are ordering the Product.

We request that retailers check the Products available for sale on the Service are compatible for the consumer’s country of residence however, it is your responsibility to carefully review the Product description prior to placing an order.

As Fruugo is a global marketplace, some items may be listed on more than one Service. It is the responsibility of the seller and consumer to ensure that all laws and regulations concerning cross-border transactions are followed.

10.  NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell or resell any portion of the Service, or use the Service for personal gain. Except as expressly authorised by Fruugo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

You agree not to access, or make an attempt to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

11. MODIFICATIONS TO SERVICE

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. LINKS

The Service may provide, or third parties may provide, content or links to other Internet sites or resources. You acknowledge and agree that Fruugo is not responsible for the availability of such external content, sites or resources, and Fruugo does not endorse and is not responsible or liable for any materials or services on or available from such sites or resources. Fruugo does not have any control over third-party content or websites, nor can Fruugo be liable in respect of anything contained on these websites.

You further acknowledge and agree that Fruugo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such materials or services available on or through any such site or resource.

13. INDEMNITY

You agree to indemnify and hold harmless Fruugo and all our subsidiaries, affiliates, officers, shareholders, agents and other partners, retailers and employees, from any claim or demands, loss, liability, claims or expenses, including reasonable legal costs, made against Fruugo by any third party due to or arising out of or in connection with your use of the Service (including but not limited to content you submit, post to or transmit through the Service, your use of or connection to the Service, your violation of the TOU, or your violation of any rights of another).

14. DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

  2. WE MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (OR THAT ANY DEFECTS WILL BE CORRECTED), (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

  3. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOU.

  5. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICES.

  6. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FRUUGO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Fruugo reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 15. LIMITATION OF LIABILITY

You agree to allow Fruugo reasonable opportunity to work with you to resolve any matter that we may be potentially liable for, before incurring any costs by resolving the incident yourself.

EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FRUUGO SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT DISPLAYED IN THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE OR PRODUCTS DISPLAYED OR SOLD THROUGH THE SERVICE.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT PRODUCT OR SERVICES.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, TO BE VALID, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE, ANY PRODUCTS DISPLAYED IN OR SOLD THROUGH THE SERVICE OR THE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL BE LIABLE FOR ANY LOSSES OR DAMAGES FRUUGO SUFFERS DUE TO YOUR INCORRECT USE OF THE SERVICE OR ANY BREACH OF THESE TOU, PROVIDED THAT, THE LOSS OR DAMAGE WAS REASONABLY FORESEEABLE AND FRUUGO HAS COMPLIED WITH ITS OBLIGATION TO MITIGATE ANY LOSSES.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

NOTHING IN THE TOU SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS.

 17. BREACH OF TOU AND TERMINATION

Fruugo may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Service, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Fruugo’s rights or property, or the rights or property of visitors to or users of the Service, including Fruugo’s customers.  Fruugo reserves the right at all times to disclose any information that Fruugo deems necessary to comply with any applicable law, regulation, legal process or governmental request. Fruugo also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You agree that Fruugo may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated these TOU or other Additional Terms, Policies or guidelines which may be associated with your use of the Service. You also agree that any violation by you of these TOU will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fruugo, for which monetary damages would be inadequate, and you consent to Fruugo obtaining any injunctive or equitable relief that Fruugo deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fruugo may have at law or in equity.

You agree that Fruugo may, in its sole discretion and without prior notice, terminate your access to the Service, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Service or any service offered on or through the Service, or (4) unexpected technical issues or problems.

If Fruugo does take any legal action against you as a result of your breach of these TOU, Fruugo will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to Fruugo. You agree that Fruugo will not be liable to you or to any third party for termination of your access to the Service as a result of any breach of these Terms of Use.

You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that Fruugo may immediately deactivate or delete your account.

Any account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with Fruugo’s guidelines and policies. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service.

18. INTELLECTUAL PROPERTY CLAIMS

Fruugo respects the intellectual property rights of others and has an operating Notice and Take Down procedure. If you believe that any of your intellectual property rights have been infringed on the Service , please report the issue to legal@fruugo.com with all required supporting documentation in line with our Third Party Legal Complaints Policy.

19.  PROMOTIONAL CODES

Fruugo may issue promotional codes that enable consumers to obtain benefits such as discounts on the orders they place using the Service. These codes are non-transferable, so may only be used by the person to whom they are issued and must only be used in accordance with their terms and conditions of use. If you use a promotional code to claim a promotional benefit, you must first check that it was issued to you and that you are eligible to use it. By using it to claim a promotional benefit you will be confirming that (i) you are entitled to use the code; (ii) you meet all the conditions that apply to its use; and (ii) you agree to the terms and conditions associated with the promotion. If Fruugo find that you are not entitled to use the promotion or do not meet the terms and conditions of its use, your order may be rejected or alternatively, it may be processed by the retailer without the promotional benefit being applied.

20. REVIEWS

Fruugo does not display consumer reviews of Products on its Service. However, Fruugo does collect Trust Pilot reviews to allow users to reflect their experience. Users do not review individual Products but can review their experience of the Service.

Fruugo only accepts reviews with an order number attached to verify that all reviews are based on a genuine experience. If a review has been submitted without an order number, Fruugo will submit a request for additional information. If this request is not complied with then we will remove the review as we would be unable to confirm if it was from a verified purchaser.

21. HOW FRUUGO ONLINE SEARCH RESULTS ARE RANKED          

The results from searches conducted on the Service are ranked using the following factors: relevancy (to the search query), historical sales and service performance of the relevant retailers, and the commission that Fruugo may earn from a retailer when an item is purchased. Where search results or the content of Product carousels or other promotional content on the Service are primarily influenced by payments made by retailers (Sponsored Content), this will be stated alongside the content or results.

22. VIOLATIONS

Please report any violations of the TOU to Fruugo customer care.

23.  NOTICE

Notices to you may be made by either e-mail or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.

24. CANCELLATION

In most cases, it is not possible to cancel an order after it is placed as the fulfilment process begins immediately by retailers for most orders.

If it is possible to cancel your order, the retailer will advise you that they have been able to do this. If they are not able to cancel, for example, if your order has already been shipped, then you will need to wait for the delivery and return the goods in line with our returns policy.

Under applicable law, consumers based in the EU, EEA and UK have a right to withdraw from or cancel certain purchases for a refund. The right of withdrawal or cancellation (hereinafter jointly referred to as "right of withdrawal") allows EU/EEA/UK consumers to withdraw from their purchase of physical goods within 14 days from receipt of delivery and to return their purchase in exchange for a refund. 

Separately, and without restricting the EU/EEA/UK right of withdrawal, Fruugo voluntarily offers a return period to all customers worldwide. Please see our Right of Withdrawal Policy for details of this process.

You must inform us of your decision to cancel your order as per our Returns, Refunds and Cancellations page. We recommend  that you submit your request through our Interactive Help Centre, as this is the quickest way to request a cancellation, but  for customers  based in the EU, EEA and UK may, if preferred, please complete, print and post the model withdrawal form below (though this is not obligatory):

Please complete the following sections below the line, print and post the form to:

Customer Services Team, Fruugo.com Limited, Fountain Street House, Fountain Street, Ulverston, Cumbria, LA12 7EQ, United Kingdom. 


To: Customer Services Team, Fruugo.com Limited, Fountain Street House, Fountain Street, Ulverston, Cumbria, LA12 7EQ, United Kingdom. 

I hereby give notice that I withdraw from my contract of sale of the following goods: 

Order number:
Ordered on:
Your name:
Your address: 
Your Service account e-mail address: 
Your signature: 
Date: 

You will also need to return your Product(s) to the retailer from which you purchased the goods to enable us to process your refund. This will be a different address to that above; you can do this through our interactive Help Centre

DO NOT send your Products directly to Fruugo - this will delay your cancellation and refund.


25. DISPUTES AND GOVERNING JURISDICTION

Buyers and Sellers

If you find yourself in a dispute with another user of the Service or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Any issues with a Product should primarily be raised directly with the retailer selling the Product.

Buyers and sellers who are unable to resolve a dispute related to a transaction on the Service may work with Fruugo’s Customer Services to find a resolution. At Fruugo’s sole and absolute discretion, Fruugo may attempt to help you resolve disputes in good faith, but we will not make judgements or determinations regarding legal issues or claims. Fruugo has no obligation to resolve or to assist in resolving any disputes.

You agree to release Fruugo from any claims, demands, and damages arising out of disputes with other users or third parties.

Buyers and Fruugo

If a dispute arises between you and Fruugo, we encourage you to contact our Customer Services using our Help Centre to seek a resolution.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.  For any dispute relating to this Agreement, you agree to submit to the exclusive jurisdiction of the English courts.

You or Fruugo may refer qualifying disputes to mediation before the Centre for Effective Dispute Resolution,  https://www.cedr.com , or if you reside in the EU, for resolution through the European Commission's online dispute resolution platform, which you can access here https://ec.europa.eu/consumers/odr .

26. GENERAL INFORMATION

Fruugo shall not be responsible to you, whether in contract, tort (including negligence) or otherwise, for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non-performance of our obligations under these TOU including such damage as may be reasonably foreseeable at the date you order the goods using the Service.

Nothing in these TOU shall exclude or restrict our liability for death or personal injury caused by our negligence.

A person who is not a party to these TOU shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

If any provision of these TOU is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these TOU. Any failure by Fruugo to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.

Fruugo may assign or transfer any of our rights or subcontract any of our obligations under these TOU  to any third party. Fruugo shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any of our affiliated companies. You agree that your Fruugo account is personal and non-transferable. You may not assign or transfer any of your rights or subcontract any of your obligations under these TOU except with Fruugo’s express permission in writing.

These TOU govern the entire relationship between you and Fruugo and will remain in force for the duration of our relationship. Nothing contained in this Agreement is intended or is to be construed to create a partnership, joint venture or agency relationship, employment or franchise relationship between you and Fruugo. 

This Agreement (including the practices and policies referred to herein) constitutes the entire agreement between you and Fruugo, and supersedes any prior agreements between the parties with respect to the subject of this Agreement.

Your use of the Service may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The section titles in this TOU are for convenience only.

These TOU will remain in effect even after your access to the Service is terminated or your use of the Service ends.