Terms & Conditions
Faasian Terms & Conditions of use
Date of last revision: 5 Nov 2019
These Terms and Conditions (" Terms ") and the documents referred to in them, apply to your use of this website located at the address http://www.Faasian.com and/or mobile applications called Faasian available for iOS and Android devices (each known as the " Site "). If you do not agree to these terms you should not access or view the Site.
This Site is operated by Faasian
1. Other applicable terms
- Our Catalog Rules and Forum Rules , which apply to your interactions with this Site, including what you may list on the Site, any content which we may permit you to upload and any contact which you may make with other users of this Site.
- Pricelist , which sets out list of additional for-fee services and indicates applicable pricing and additional terms for using each of these services.
- We provide an online facility through which individuals can buy, sell, exchange and give-away items and communicate with one another in public and in private (the "Services").
- From time to time Faasian may also make available to the users certain additional-services subject to charges as indicated in the Pricelist that is constantly updated by Faasian.
- You undertake to comply with all applicable laws and regulations in connection with your use of the Services.
3. OUR FUNCTION
- Our Site is an online venue for individuals to buy, sell, exchange and give-away items to or with other individuals. We are not a party to any transaction between a buyer and a seller or two individuals who agree to an exchange or a give-away, save for the Services we provide to facilitate transactions. We do not buy, sell or exchange or purport to buy, sell, exchange or give-away any of the items displayed on our Site. The Site hosts third-party content.
- We do not pre-vet any items listed on the Site or any parties who you may deal with on the Site. We shall not be obliged to engage in any dispute between buyers and sellers or parties to an exchange or give-away. You are responsible for vetting the parties that you deal with.
4. REQUIREMENTS TO USE THE SERVICES
- To use the Services, you must register with us by completing the registration form after clicking "Join Us" or registering using an acceptable third party service (e.g. Facebook Connect).
- The Services are not intended for use by children under the age of 18 years old. If you are under 18, a parent or guardian (who is 18 or over) must register to use the Services on your behalf. Your parent or guardian shall be responsible for supervising your use of the Services at all times and ensuring that you comply with these Terms. Faasian shall be entitled to hold your parent or guardian fully responsible and liable for any breach of these Terms by you.
- Business sellers are not permitted to use the Services. When business sellers transact with consumers they are subject to more legal requirements than non-business sellers. By using the Services you warrant that you are a not a business seller.
- You undertake to keep up to date all information about you on the Site.
- You warrant that any information you provide to us is true, accurate and complete.
5. YOUR ACCOUNT AND PASSWORD
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and you must ensure that you log out from your account at the end of each session.
- You must immediately notify us by using the contact form if you know or suspect that anyone other than you knows your user identification code or password, or that there has been any unauthorised use of your password or account or any other security breach.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we have reasons to suspect there has been a security breach or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- Faasian does not allow multiple accounts on its Site. Should Faasian have a reasonably grounded suspicion that a user has created (is using) more than one account on the Site – it may block or delete any of the involved accounts.
6. CONTENT YOU PROVIDE, THE FORUM, FEEDBACK AND PRIVATE MESSAGING
- Any content you provide to us or any contact you make with other users, whether privately or publically, must comply with our Catalog Rules . Any use of the forum must also comply with our Forum Rules .
- You warrant that any such content or contact complies with the Catalog Rules and the Forum Rules (where you use the Forum), and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.
- We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
- You grant us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, unconditional, worldwide licence to use, copy, distribute and disclose to third parties any content you provide to us, including without limitation content you post in the Forum and pictures of listed items.
- Faasian provides for a direct user messaging functionality for the sole purpose of facilitating transactions between the users on the Site. We will not access content of such messages unless one of the involved users grants an access right to Faasian when raising a dispute with our Customer Support. Please note that Faasian may use automatic scanning tools/filters in order to detect and prevent spam and/or fraud and/or any other activity contrary to applicable legal acts on the Site. In such cases Faasian representatives will not access message threads, however, they will cross-check automatic-scanning/filtering results (without accessing messages) in order to determine what preventative action should be taken to ensure security of the platform.
7. RULES FOR LISTING ITEM
In respect of all items you offer for sale, exchange or give-away through the Services:
- You must ensure that such items comply with our Catalog Rules. Note that you may not list certain categories of items;
- You must be the legal and beneficial owner of such items and have the right to sell them;
- The sale, exchange, give-away, use or possession of such items must not infringe the rights of any third party (including but not limited to any IP rights held by any third parties); and must not breach any applicable local, national or international law or regulation;
- To list an item you must complete an item placement questionnaire and provide such other information as we may require for all items that you offer for sale, exchange or give-away on the Site in accordance with our Rules;
- By listing an item you represent and confirm that the item complies with all aspects of the item questionnaire that you submit, including the category in which you list such item and any photograph of the item, and that such item questionnaire is complete. The terms of the item questionnaire that you submit will form the terms on which you offer the item for sale;
- When you submit the item questionnaire the item shall be deemed to be a "Catalogue Item";
- You may amend the terms on which you offer a Catalogue Item for sale at any time before you have entered into a contract to sell, exchange or give-away the relevant item; and
- You may remove a Catalogue Item from the Site at any time before you have entered into a contract to sell, exchange or give-away the relevant item.
8. EXCHANGING OR GIVING AWAY FOR FREE
- If you are giving away a Catalogue Item to another user or exchanging a Catalogue Item with another user you should agree the terms related to such transaction directly with the other user. You are solely responsible for such transaction.
- If you give-away a Catalogue Item to another user or exchange a Catalogue Item with another user you cannot use our payment or shipping service and should agree the terms for payment and shipping of such Catalogue Item(s) with the other user.
9. BUYING AND SELLING
If you are buying or selling a Catalogue Item you agree the terms related to such transaction directly with the other party to the transaction. You are solely responsible for such transaction and we do not provide customer support for these transactions.
PAYMENT AND SHIPPING SERVICES
Sections 10 to 15 below will only apply where you choose to use our payment and shipping services. Please note that Faasian may restrict integrated payment and shipping services as per sections 10 to 15 below only for users based within UK and accordingly not offer them in order to facilitate cross-border transactions. Please note: Faasian may upon its sole discretion offer additional payment services or discontinue some of payment services on the Site.
10. FEE FOR PAYMENT AND SHIPPING SERVICES
Where the payment and shipping Services are used for a transaction, you agree that Faasian shall receive a Fee according to the rates and conditions as set out in the Pricelist . Faasian may amend the Pricelist from time to time provided that we inform you about such changes. Please note that you will always see an applicable price for services you intend to order at a check-out.
11. BUYING USING THE SITE
Where you use our payment and shipping services:
- When you click "confirm" on the payment page, you acknowledge and agree that you enter into a contract with the seller to purchase that Catalogue Item from them.
- When you enter into a contract to purchase a Catalogue Item you warrant and undertake that you have the legal right to enter into such transaction.
- You may only terminate the contract with the seller where you are permitted by law.
- When you enter into a contract with a seller payment will be taken from your credit or debit card, Faasian balance, or PayPal immediately. Please see the "Payment" section below for more information.
12. SELLING USING THE SITE
Where you use our payment and shipping services:
- A Catalogue Item that is for sale is an offer by the seller of such item, which may be accepted by a buyer. See the "Buying Using Our Site" section above for more information.
- Once a user clicks "confirm" on the payment page you acknowledge and agree that you enter into a contract with the buyer to sell that Catalogue Item to them.
- Prior to entry into a contract with a buyer under section 12.2 above, you may consider offers for a Catalogue Item from other Site users.
- You may only terminate the contract with the buyer to the extent permitted by law.
13. PAYMENT SERVICES
Where you use our payment services:
- Buyers must pay sellers for Catalogue Items by credit or debit card, Faasian balance, or PayPal using the payment services on the Site.
- Payments must be made in the currency specified on the Site and all prices are inclusive of VAT (where applicable) and other applicable taxes, but exclusive delivery charges and any other fees for additional services offered by Faasian you choose to use. Additional services will be charged following tadditional terms as indicated in the Pricelist .
- Buyers are responsible for any shipping costs, including any insurance costs unless otherwise mutually agreed by the buyer and the seller.
- Payment for Catalogue Items is in advance. The buyer’s credit or debit card, Faasian balance, or Paypal will be charged when the buyer and seller enter into a contract for the purchase of an item under section 11. We will not credit the seller’s account until the buyer has accepted the item or is deemed to have accepted it. See the section entitled "Acceptance" below for more information.
- Faasian may at any point in time upon its sole discretion to suspend and/or cancel any transaction and or requested payment should it have grounds to believe that such transaction may be fraudulent or contrary to the applicable legal acts or harmful to Faasian and/or any user or third party.
- We use a third party service provider to process your payment and to store your credit or debit card or similar information. When using our payment services, you agree with our provider’s conditions and terms . We shall not be liable for the acts or omissions of such third party. You shall be solely responsible for the transmission of information connected to your credit or debit card, or Paypal and we hereby exclude all liability to the extent permitted by law.
15. ESCROW PAYMENT TERMS
Where you use our payment and shipping services:
- Orders are automatically updated to delivered after certain period of time after being sent. Particular period of time for this purpose is reasonably determined by Faasian following a pre-set uniformly applicable Escrow payment process. In order to protect buyers, we will hold the purchase price for an item for not less than 2 days after the date on which that item is delivered or due to be delivered as shown in our system. During this period it is the buyer’s responsibility to raise a dispute. After this period, compensation is no longer applicable and funds are released to the seller. All disputes must be raised via Faasian and not via external payment services.
- If a seller fails to send an item to a buyer within 5 business days after receipt of the shipping label and/or details, and/or instructions we shall be entitled to refund the purchase price to the buyer’s account. The refund can be also released earlier in case selling user is inactive and/or shipping label is not downloaded by a selling user for a certain period of time. The refund of the purchase price shall be the buyer’s only remedy in respect of its contract with the seller.
- If a buyer receives an item that is not materially as described on the Site, the buyer must notify us by using the contact form or by clicking “I have issues” within 2 days after delivery on as shown in the system.
- If a buyer does not receive an item that they have purchased from a seller, the buyer must notify us by using the contact form or by clicking “I have issues” within 2 days after delivery on as shown in the system.
- If a buyer does not contact us within 2 days after receipt of an item under sections 15.3 and 15.4 above, the buyer will be deemed to have accepted the item. On acceptance of an item, we will credit to the seller’s account the purchase price of that item less any commission due to us.
- Where the buyer contacts us under section 15.3 or 15.4 above, we will hold the purchase price minus any commission due to us until we have investigated the claim.
- Despite the payment method chosen by the buyer – all Escrow Payment related disputes shall be addressed to Faasian directly, unless Faasian provides for a feature for users to settle/agree-on such dispute directly without approaching Faasian. In this case dispute is considered to be settled and transaction completed once users reach a mutual agreement. Faasian will not accept any repeated claims from users. Faasian reserves a right to deny compensation and claim back compensation paid out for a user in case user in question has already received adequate compensation from other sources (e.g. third-party payment service provider).
- Faasian may limit any compensations/reimbursements to be paid-out to a buyer under sections 15.3 and/or 15.4 above if a buyer in question chooses to use un-tracked shipping service. Please see Pricelist for additional terms.
16. REMOVAL, WARNINGS, BLOCKING, SUSPENSION AND TERMINATION
We may at our option, issue warnings, suspend, block or terminate your access to this Site and/or the Services (or any part of them) or remove any content uploaded, including without limitation, any Catalogue Item if:
- you are in breach of these Terms;
- you act in any manner which we consider may damage our reputation; or
- you use the Site or Services in a manner which we consider to be fraudulent or contrary to law.
17. ACCESS TO THIS SITE AND ITS SERVICES AND CONTENT
- We do not guarantee that this Site, or any Services or content on it, will always be available or be uninterrupted.
- We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Site, or any Services or content on it, and to restrict or prohibit access to it.
- We do not guarantee that this Site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform in order to access this Site. You should use your own virus protection software.
- You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site.
- You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this section, you would commit a criminal offence under the Computer Misuse Act 1990.
- We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.
- Nothing in these Terms limits or excludes our liability to you for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other type of liability which cannot by law be excluded or limited.
- We make no warranties or representations, whether express or implied that this Site, any content and the Services on it:
- are accurate, complete, up-to-date or suitable for any purpose; or
- are free of error or omission.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Site, any content or the Services on it.
- We provide an online facility to introduce individuals to one another to enable the purchase, sale, exchange and give-away of items between them and to allow them to communicate with one another in public and in private. Buyers, sellers and parties to an exchange or give-away are solely responsible for transactions entered into using the Site.
- We are not responsible for any action or inaction of users of the Site or Services, or content provided by users of the Site including, without limitation:
- the descriptions or photos of items, including their accuracy and completeness;
- the quality, legality or safety of the items;
- the seller’s, exchanger’s or giver’s title to the items; or
- any seller’s or buyer’s right to enter into a sale or the rights of the parties to an exchange or give-away to enter into such transaction.
- You agree to indemnify us for any loss, liability, cost or expense for any third party claim arising from or connected to your misuse of the Site or Services or any use which is in breach of these Terms.
- In respect of any dispute you may have with another user of the Site, you agree to:
- waive any claim you may have against us in connection with such dispute; and
- indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.
- Subject to section 19.1, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or Services, or to your downloading of any content on it, or on any website linked to it.
- We are not responsible for any third party service providers that you integrate into your account. We will not be liable for any loss or damage that may arise from your use of them.
- Subject to section 19.1, Faasian, its subsidiaries and affiliated companies accept no liability to you, whether in contract, tort (including negligence) or otherwise, for: (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services and our Site.
- Subject to section 19.1, we limit our liability under this Agreement, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of:
- the purchase price paid or payable for the relevant item in respect of any claim arising in relation to a transaction on this Site; and
- £100 in respect of any other claim.
20. THIRD PARTY LINKS AND RESOURCES IN THIS SITE
- Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
- We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- From time to time we may post promotions, competitions, games or prize draws on the Site and special terms and conditions related to the same.
- If there is any conflict between such special terms and conditions and these Terms, the special terms and conditions shall prevail.
22. EVENTS BEYOND OUR CONTROL
- We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.
- If any or any part of the terms contained in these terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
24. ENTIRE AGREEMENT
- These Terms and all documents referred to in these Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
- We and you agree that in entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither us nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.
25. APPLICABLE LAW
- Please note that these Terms, their subject matter and formation, are governed by English law.
- You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
26. TRADE MARKS
- Faasian TM is a registered EU trade mark of Faasian Limited, a Faasian group company.
- Any other trade mark displayed on the Site is not owned by us or our group companies. Any use of such trade marks may be an infringement of the rights of the owner in those trade marks.
27. AMENDMENTS TO THESE TERMS
- We may change these Terms from time to time by posting an amended version on this page in the following circumstances:
- to reflect changes or expected changes in relevant laws and regulatory requirements;
- to reflect any ruling by a court, regulator or any other similar body having authority;
- to make these terms clearer or fairer;
- to reflect changes and developments in how we operate our business;
- to rectify any error which we may discover at a later date; or
- to reflect changes in market conditions or standard industry practice.
- We recommend that you check this page from time to time, as your continued use of this Site after these Terms are amended shall mean that you agree to be bound by such changes.