Fruugo Third Party Legal Complaints Policy

This Policy applies to complaints, notifications and other communications (“complaints”) by third parties (“you”) relating to alleged misuse of Fruugo platforms or Fruugo services by Fruugo retailers. The Policy should be read in conjunction with our Terms of Use (“TOU”) and Privacy Policy.  In submitting a complaint to us (by whatever means), you acknowledge and agree to be bound by this Policy.  

As noted in the TOU, all products displayed on Fruugo are sold by independent retailers.  We are neither the buyer nor the seller of the products.  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 legal complaints seriously.  The integrity of our marketplace is of the utmost importance to our business and all our partners.  Therefore, we have implemented this Policy, which applies (without limitation) to third party complaints concerning any Fruugo retailer’s alleged: 

  • infringement of intellectual property rights; 
  • breach of contractual arrangements; 
  • regulatory issues and other statutory duties; and
  • other breaches of non-contractual and non-statutory legal duties e.g. in tort or equity.

1.Notification

Complaints should be sent to the dedicated email address for our Legal Team, which is legal@fruugo.com.  This will help to ensure that your complaint receives prompt attention.  Fruugo reserves the right not to respond to a complaint that is not sent to this email address, and the timeline noted in Section 4 below will not apply to any complaint sent to us in breach of this Section 1.    

2.Contents of complaint

Your complaint must contain all information and evidence reasonably necessary for us and the retailer(s) affected to understand the complaint and to substantiate the complaint legally.  By this, we mean that the complaint should contain (at least) 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 links to the alleged infringing products; trademark numbers where applicable; jurisdictions that are affected and any other relevant information that will assist us 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 us in dealing with your complaint.  We reserve the right to reject any complaint that is unclear or unnecessarily long (as a guide the explanation should be no longer than 3 A4 pages (this limit excludes evidence)).  

All information and documents provided to us should be in English or translated into English, as our Legal Team is based exclusively in our head office in the UK.   

We reserve the right not to take any action until you have complied with this section of the Policy.   

3.Information provided to us

In our position as a platform and commercial agent on behalf of retailers on Fruugo, we are obliged to pass details of a complaint that affects a retailer to that retailer.  In submitting a complaint, you consent to us doing this and to the processing of any personal data necessary for this purpose.

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.     

4.Timelines 

We endeavour to provide our initial response to a complaint within three working days, although we reserve the right to vary this timeline without notice.  Our Legal Team has limited resources and must prioritise, especially during busy periods.  

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.  

If you consider that your complaint is urgent, please mark this clearly 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).  

5.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 absolute discretion, and we are under no obligation to take any action simply as a result of you submitting a complaint to us.  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 Section 2 or otherwise. 

6.General

This Policy is governed by English law 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.