Third Party Legal Complaints Policy

Last Updated: August 2023

Fruugo Third Party Legal Complaints Policy

This Policy applies to complaints, legal notices and other communications (“Complaints”) by third parties (“you”) relating to alleged misuse of Fruugo platform or Fruugo services by Fruugo retailers or Fruugo itself. The Policy should be read in conjunction with our Terms of Use (“TOU”) and Privacy Notice.  In submitting a Complaint to us, you acknowledge and agree to be bound by this Policy.  

As set out clearly in the TOU, all products displayed on Fruugo are made available for sale and sold by independent third party retailers.  Fruugo is neither the buyer nor the seller of the products, and Fruugo is not involved at any stage in the product supply chain. We provide the platform and act as commercial agent of the retailers, enabling retailers and customers to complete transactions.  A contract formed on the completion of a sale of a product is made solely between the customer and the retailer.  We are not a party to such contract, and we do not assume any responsibility arising out of or in connection with it.  We do not handle, verify or otherwise see the relevant products, and we do not provide the fulfilment service.  

Nevertheless, as a reputable online retail agent, we take all Complaints seriously.  The integrity of our marketplace is of the utmost importance to our business and all our partners.  Therefore, we have tried to make it as simple as possible for third parties to contact us with any Complaints. 

Notification

To ensure that your complaint receives prompt attention, please contact Fruugo using the following notification methods. Fruugo shall not be held responsible for any failure by a third-party to use the appropriate Complaint form and/or process, and the target timescales noted below shall not apply to any such Complaint in circumstances where the correct process has not been followed. Please ensure that you report your concerns to Fruugo through the appropriate channel below:

Questions about Fruugo and Fruugo contact

Help

You can find answers to most questions by using our Help Centre.

Customer service

If you have any questions about the use of the Fruugo site, including buying and selling, please contact our Customer Service Team via the designated Help Centre who will be happy to help.

Intellectual Property Complaints 

If you believe that your intellectual property rights have been infringed, please use our dedicated reporting forms below to submit a Complaint to our Legal Team. All Complaints made using these forms receive prompt attention and are reviewed and actioned in accordance with the Fruugo Notice and Take Down Procedure.

To report an alleged infringement as a rights owner or brand agent, please use the following form:

https://www.fruugo.co.uk/help/report

This form can also be accessed via the Help Centre under the reason "I have a trademark or copyright query".

Other notifications

Please report all other Complaints relating to the alleged misuse of the Fruugo platform, Fruugo services by Fruugo retailers or Regulatory Issues to the designated Legal Team email address – legal @fruugo.com

Contents of complaint

Your complaint must contain all information and evidence reasonably necessary to fully substantiate the Complaint legally, and for us and the retailer(s) affected to understand the Complaint. 

As a minimum, the Complaint should contain a clear explanation of the applicable legal rights, grounds and/or responsibilities and any legislation relied on; the facts that reasonably support your contention that there has been a legal breach; information regarding the listing(s) on Fruugo including direct hyperlinks to the alleged infringing products; trademark numbers where applicable; jurisdictions that are affected and any other relevant information that will assist Fruugo in dealing with your Complaint as efficiently as possible.  

Please do not provide excessive, irrelevant and/or unclear documents or information, as this will delay the review of your Complaint.  We reserve the right to reject any Complaint that is unclear or unsubstantiated. 

All information and documents provided to Fruugo should be in English or translated into English.

Contact information provided to us

In our role as an intermediary commercial agent on behalf of retailers using the Fruugo platform, we are obliged to pass details of a Complaint that affects a retailer to that retailer. Fruugo takes its data protection obligations extremely seriously. By submitting a complaint, you consent to Fruugo passing your Complaint details on to a retailer(s) and to the processing of any personal data necessary for this purpose. Where you do not wish for your contact information used to submit the Complaint to be forwarded to the retailer, please ensure that you provide clear secondary contact details which can be forwarded to the retailer to contact you directly.You acknowledge and agree that as a result of submitting a Complaint, you may be contacted by the affected retailer(s), who may wish to discuss or dispute the Complaint.  You agree that you will engage constructively and in good faith with the relevant retailer(s) and notify us promptly of the outcome of the relevant discussion or dispute.  You also agree that Fruugo will not be liable for any legal or financial consequences, or any damage whatsoever caused to you, arising out of or in connection with such discussions or dispute.     

Timelines 

We endeavour to provide our initial response to a Complaint within three (3) working days, although we reserve the right to vary this timeline without notice.  

Please do not send duplicate complaints, or repeated messages on the same complaint as this may delay our initial response time. In relation to any subsequent communications with you, we will respond as soon as reasonably practicable, taking into account the capacity of our Legal Team and the need to prioritise the most urgent complaints. For the avoidance of doubt, government and regulatory Complaints will take priority.   

If you consider that your Complaint is urgent, please mark this clearly in the subject line on your Complaint and include an explanation of the reasons for this (for example, if there is a serious risk of harm to the general public).  

Our response

Provided that you comply with this Policy, we will take, within a reasonable period, any action that we consider to be both legally justified and necessary in the circumstances. Our response may (but will not necessarily) include the suspension or takedown of the listing(s) concerned in some or all jurisdictions, notifying the retailer(s) of the issue, connecting with you the relevant retailer(s) to resolve the issue and/or updating you as to the action taken.  

Any such action will be taken in our full and absolute discretion and in accordance with all applicable laws. We do not represent or warrant that any action that we do take will be effective, either temporarily or permanently, in achieving any end and we will be under no obligation to monitor or otherwise check on an ongoing basis the effectiveness of and/or compliance with any action that we may take.  

We additionally reserve the right to reinstate product listings and/or retailers, without notice to you, where the legal basis of the relevant complaint has not been substantiated in accordance with this Policy or otherwise. 

Online dispute resolution

Pursuant to Article 14 (1) of the ODR Regulation, the EU commission provides an online dispute resolution platform (OS platform). The online dispute resolution platform can be located using: http://ec.europa.eu/consumers/odr .

Mediation Article 12 of the EU Platform to Business Regulation 2019/1150 provides for mediation to be made available in some circumstances. 

Retailers may request to resolve a dispute arising with Fruugo through mediation. The dispute may be referred by either party to the Centre for Effective Dispute Resolution (CEDR), where CEDR will nominate a mediator.

Retailer complaint process for payments 

If you have any issues with the payment service provided by Fruugo, please let us know by contacting your dedicated Account Manager. Your feedback will help us improve our service. We are committed to resolve your complaint within one month of the date of receipt.

Contracting Entities

For information in respect to the legal contracting entities operating on behalf of Fruugo, please see the TOU. 

General

This Policy is governed by the laws of England and Wales and you hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute in relation to this Policy and the rights and obligations in relation to the Policy (including any non-contractual rights or obligations).   

If any element of the Policy is found by a court of competent jurisdiction to be invalid or unenforceable, you nevertheless agree that the court should endeavour to give effect to the parties' intentions under the Policy, and the remaining elements of the Policy shall remain in full force and effect.