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MARKETPLACE SERVICE - TERMS AND CONDITIONS

Last Updated: February 18, 2026 Effective Date: February 18, 2026 Version: 1.2

IMPORTANT LEGAL NOTICE

These Marketplace Service Terms ("Marketplace Terms") are Additional Terms that supplement and form part of the DesiWay Master Terms and Conditions. By using the Marketplace Service, you agree to both the Master Terms and these Marketplace Terms.

DesiWay is a classifieds platform only. We do NOT verify item listings, process payments, facilitate transactions, or guarantee the accuracy, quality, authenticity, or legality of marketplace items. All transactions occur directly between users at their own risk.

TABLE OF CONTENTS

  1. Marketplace Service Overview
  2. Listing Creation and Management
  3. Seller Obligations
  4. Buyer Obligations
  5. Prohibited Items
  6. Legal Compliance
  7. Transactions and Payments
  8. Safety Guidelines
  9. Fraud Prevention
  10. Liability and Disclaimers
  11. Dispute Resolution
  12. Enforcement

1. MARKETPLACE SERVICE OVERVIEW

1.1. Service Description

The Marketplace Service allows users to:

  • List items for sale: New or used goods, services, collectibles
  • Browse and search: Filter by category, location, price
  • Connect with sellers: Direct messaging to negotiate and arrange transactions
  • Manage listings: Edit, update, or delete marketplace listings

1.2. Platform Role

DesiWay provides a classifieds platform for buying and selling. DesiWay is NOT:

1.2.1. Seller, Retailer, or Merchant

  • We do not sell, own, or possess any items listed
  • We are not a party to any sales transactions
  • We do not guarantee item quality or authenticity

1.2.2. Payment Processor

  • Currently, we do not process payments between buyers and sellers
  • Currently, we do not hold funds in escrow
  • We are not a financial institution

1.2.3. Item Verifier

  • We do not verify item authenticity or condition
  • We do not inspect items
  • We do not confirm seller identity or legitimacy

1.2.4. Guarantor or Insurer

  • We do not guarantee transactions
  • We do not insure items
  • We do not mediate disputes

1.3. User-to-User Transactions

All sales, purchases, negotiations, and transactions occur directly between Sellers and Buyers. DesiWay is not a party to these transactions and assumes no responsibility for their completion, quality, or outcome.

1.4. PLATFORM LIABILITY CLARIFICATION (DSA Article 6)

DesiWay's Role: Information society hosting service only

DesiWay operates as a hosting service under the EU Digital Services Act. We host user-generated marketplace listings but do not:

We Do NOT:

  • Endorse or guarantee any marketplace items or listings
  • Act as seller, merchant, retailer, or marketplace operator
  • Control or authorize user content
  • Provide products or services ourselves
  • Verify item authenticity, quality, or seller legitimacy

Verification Badges:

  • Indicate only user identity/account verification
  • Do NOT indicate product quality, authenticity, or DesiWay endorsement
  • Do NOT guarantee transaction safety or seller trustworthiness

User Responsibility: All marketplace listings, sales transactions, and buyer-seller interactions are between users. DesiWay hosts information only and bears no liability for item defects, fraud, scams, or transaction disputes.

1.5. COMMUNITY-ONLY MARKETPLACE (NO BUSINESS SELLERS)

DesiWay Marketplace is STRICTLY for casual, personal, community-based resale ONLY.

ALLOWED:

  • ✅ Private individuals selling personal items they own
  • ✅ Casual resale of used goods (furniture, electronics, clothing, etc.)
  • ✅ Giving away items for free
  • ✅ Occasional sales of personal collections or household items

STRICTLY PROHIBITED - BUSINESS/COMMERCIAL SELLERS:

  • ❌ Businesses, shops, retailers, merchants
  • ❌ Professional sellers (selling regularly as business)
  • ❌ Commercial sellers with business licenses or VAT registration
  • ❌ Individuals acting in business/commercial capacity (reselling for profit regularly)
  • ❌ Bulk sellers with inventory (not personal items)
  • ❌ Wholesalers or importers

Why No Business Sellers: DesiWay Marketplace is designed for community members to help each other by reselling personal items they no longer need. This keeps the platform simple, safe, and free of commercial spam.

Consequences of Business Selling: If you list items as a business, merchant, or commercial seller:

  • Listings will be removed immediately
  • Account may be suspended or terminated
  • No refunds for any fees paid (if applicable in future)

How We Detect Business Sellers:

  • Large number of similar items listed
  • Professional product photos or stock images
  • Business language ("in stock", "wholesale", "bulk orders")
  • VAT numbers or business names in listings
  • Patterns indicating commercial activity (frequent new listings, bulk inventory)

Listing Ranking (For Community Members ONLY):

Marketplace listings are ranked in search results and feeds based on:

  1. Recency (35% influence) - Recently posted or updated listings
  2. Location Match (25% influence) - Items near your selected city/region
  3. Content Quality (20% influence) - Complete descriptions, multiple photos, clear condition
  4. User Engagement (15% influence) - Views, inquiries, saves, seller response rate
  5. Account Verification (5% influence) - Verified accounts (NOT business verification)

No Paid Promotion: Currently, DesiWay does NOT offer paid promotion or sponsored listings. All listings ranked organically. This may change in future with advance notice.

2. LISTING CREATION AND MANAGEMENT

2.1. Creating Marketplace Listings

2.1.1. Eligibility: All registered users may create marketplace listings for items they own or have authority to sell.

2.1.2. Required Information Marketplace listings MUST include:

Item Details:

  • Item title (clear, descriptive)
  • Category (electronics, furniture, clothing, services, etc.)
  • Condition (new, like new, good, fair, for parts, etc.)
  • Description (features, specifications, flaws, history)
  • Quantity available

Pricing:

  • Price (or "free" if giving away)
  • Currency
  • Negotiability ("firm price" or "negotiable")
  • Shipping cost (if applicable)

Location:

  • City and country
  • Pickup or delivery options

Photos:

  • Actual photos of the item (minimum 1 photo required, 3-5 recommended)
  • Multiple angles showing condition

Contact:

  • Preferred contact method (messaging, phone, email)

2.2. Listing Accuracy

2.2.1. Truthful Representation: All listing information MUST be accurate, complete, and truthful. Misrepresentation is prohibited.

2.2.2. Actual Photos: Photos MUST be of the actual item being sold. Stock images or photos of other items are prohibited (unless clearly labeled as "example" for new, sealed items).

2.2.3. Condition Disclosure: Accurately describe item condition. Disclose all defects, damage, or issues.

2.3. Listing Management

2.3.1. Editing: Sellers may edit listings at any time to update information, pricing, or availability.

2.3.2. Mark as Sold: Mark listings as "Sold" or delete them once items are sold.

2.3.3. Listing Expiration: Listings may expire after a certain period (e.g., 60 days). Sellers may renew listings if items are still available.

2.4. Listing Visibility

2.4.1. Members-Only Listings: Marketplace listings are visible ONLY to registered, logged-in members of the Platform. Listings are NOT publicly accessible to non-registered visitors or the general public. This closed-community approach protects seller information and ensures accountability.

2.4.2. Search Ranking: Listings appear based on relevance, date posted, and user location.

3. SELLER OBLIGATIONS

Sellers MUST comply with the following obligations:

3.1. Item Ownership and Authority

3.1.1. Own or Have Authority: You MUST either:

  • Own the item you are selling, OR
  • Have legal authority to sell the item (e.g., authorized reseller, consignment)

3.1.2. No Stolen Goods: You MUST NOT sell stolen goods or items obtained illegally.

3.1.3. Intellectual Property: Do NOT sell items that infringe intellectual property rights (counterfeit goods, pirated software, bootleg merchandise).

3.2. Legal Compliance

3.2.1. Honest Selling (Private Sellers)

As a private individual selling personal items:

  • You do NOT have business seller obligations (no 14-day returns, no warranties required)
  • You MUST still be honest about item condition
  • You MUST NOT commit fraud or misrepresentation
  • Describe items accurately and disclose defects

You Are Selling "As-Is": Items sold on DesiWay Marketplace are sold "as-is" between private individuals (like garage sales). Buyers have no legal right to returns unless you voluntarily agree.

3.2.2. Product Safety Laws: Ensure items comply with product safety standards. Do NOT sell:

  • Recalled products (without proper disclosure)
  • Unsafe or defective products
  • Products that violate safety regulations

3.2.3. Tax Compliance:

Private casual sellers generally do NOT owe tax on personal items.

See Section 6.4 for detailed tax guidance for private sellers.

3.2.4. No Business Licenses Allowed

If you have a business license or sell commercially:

  • You may NOT use DesiWay Marketplace
  • DesiWay Marketplace is for private individuals ONLY
  • Use other platforms for business selling (eBay, Etsy, Shopify, etc.)

3.3. Accurate Information

3.3.1. Truthful Descriptions: Provide accurate, complete, and truthful item descriptions.

3.3.2. Disclose Defects: Disclose all known defects, damage, or issues with items, including:

  • Physical damage (scratches, dents, cracks)
  • Functional issues (not working, missing parts)
  • Wear and tear
  • History (refurbished, repaired, previous damage)

3.3.3. Accurate Photos: Use photos of the actual item. Show defects or damage clearly.

3.3.4. Authentic Items: Represent items authentically. If selling replicas or reproductions, clearly label them as such.

3.4. Pricing and Fees

3.4.1. Fair Pricing: Price items fairly. Do NOT engage in:

  • Price gouging (charging excessive prices during emergencies)
  • Bait-and-switch (advertising low price, then raising it)
  • Hidden fees (disclose all costs upfront)

3.4.2. Honor Stated Price: Honor the price stated in your listing. Do not change pricing after a buyer has agreed to purchase.

3.5. Communication and Responsiveness

3.5.1. Respond Promptly: Respond to buyer inquiries in a timely manner.

3.5.2. Honesty: Provide honest, accurate answers to buyer questions.

3.5.3. Availability: Keep listing status up to date. Mark items as "Sold" immediately when sold.

3.6. Transaction Fulfillment

3.6.1. Honor Agreements: Honor sales agreements made with buyers.

3.6.2. Deliver as Promised: Deliver items as described and in the condition promised.

3.6.3. Timely Delivery: Deliver items within agreed-upon timeframes.

3.7. Prohibited Seller Conduct

Sellers MUST NOT:

  • Bait-and-switch: Advertise one item, then try to sell a different item
  • False advertising: Make false claims about item features, brand, or condition
  • Non-delivery: Accept payment and fail to deliver items
  • Scamming: Engage in fraudulent schemes to steal money from buyers
  • Selling prohibited items: Sell items listed in Section 5 (Prohibited Items)

4. BUYER OBLIGATIONS

Buyers MUST comply with the following obligations:

4.1. Due Diligence

4.1.1. Research Items: Thoroughly research items before purchasing:

  • Check market value
  • Read item descriptions carefully
  • Review all photos
  • Ask questions about condition, defects, or history

4.1.2. Verify Authenticity: For high-value or brand-name items:

  • Ask for proof of authenticity (receipts, certificates, serial numbers)
  • Use authentication services if needed
  • Be cautious of prices that seem too good to be true

4.1.3. Inspect Before Purchase: Whenever possible:

  • Inspect items in person before purchasing
  • Test functionality (electronics, appliances)
  • Check for defects or damage
  • Take photos if purchasing high-value items

4.2. Communication

4.2.1. Ask Questions: Ask sellers about:

  • Item condition and any defects
  • Reason for selling
  • Original purchase date and price
  • Warranty or return policy

4.2.2. Negotiate Clearly: Clearly negotiate price, payment method, delivery, and any other terms before agreeing to purchase.

4.2.3. Respectful Communication: Treat sellers with respect. Do not lowball, harass, or waste sellers' time.

4.3. Payment Safety

4.3.1. Use Secure Payment Methods: Use payment methods with buyer protection (see Section 7).

4.3.2. Avoid Risky Payments: Avoid payment methods with no fraud protection (see Section 7).

4.3.3. Never Pay Before Inspection: For in-person transactions, inspect items before paying (when feasible).

4.4. Red Flags - When to Walk Away

DO NOT proceed if you encounter these red flags:

❌ Seller refuses to provide additional photos or answer questions ❌ Photos are stock images or appear to be from other listings ❌ Price is significantly below market value for no clear reason ❌ Seller pressures you to pay immediately without inspection ❌ Seller asks for wire transfer or other untraceable payment methods ❌ Seller cannot provide proof of ownership or authenticity ❌ Item description is vague or incomplete ❌ Seller is located overseas but item is supposedly local ❌ Seller asks you to pay through unusual channels (gift cards, cryptocurrency)

4.5. Reporting

4.5.1. Report Scams: Report suspicious listings or fraudulent activity to DesiWay immediately.

4.5.2. Report Violations: Report listings that violate these Terms or sell prohibited items.

5. PROHIBITED ITEMS

The following items are strictly prohibited on the Marketplace:

5.1. Illegal Items

  • Illegal drugs or controlled substances (narcotics, marijuana where illegal, prescription drugs without authorization)
  • Drug paraphernalia
  • Stolen goods
  • Counterfeit goods (fake designer items, pirated software, bootleg merchandise)
  • Illegal weapons (illegal firearms, explosives, prohibited knives)
  • Human remains or body parts
  • Items violating intellectual property rights (pirated media, counterfeit products)

5.2. Weapons and Dangerous Items

STRICTLY PROHIBITED:

  • Firearms and ammunition: PROHIBITED on DesiWay Marketplace (Ireland Firearms Acts 1925-2009 require buyer certification verification - not suitable for casual community platform)
  • Explosives, fireworks: PROHIBITED (unless licensed professional seller with proof)
  • Chemical, biological, radiological weapons: PROHIBITED
  • Knives, bladed weapons: PROHIBITED if illegal under local law (e.g., switchblades, butterfly knives, concealed blades)
  • Self-defense weapons: PROHIBITED (pepper spray illegal in Ireland; tasers restricted in most EU countries)

Why No Firearms: Even private sales of firearms in Ireland require verification that the buyer possesses a valid firearm certificate (Firearms Act 1925, Section 10(2)). DesiWay is a casual community marketplace and cannot facilitate firearm certificate verification.

Licensed Firearms Dealers: If you are a licensed firearms dealer, you may NOT use DesiWay Marketplace (see Section 1.5 - No Business Sellers). Use specialized firearms trading platforms with proper licensing verification systems.

5.3. Hazardous Materials

  • Flammable liquids or gases
  • Toxic or poisonous substances
  • Radioactive materials
  • Asbestos, lead paint, or other environmental hazards

5.4. Recalled or Unsafe Products

  • Recalled products (unless properly disclosed with safety warnings)
  • Products that do not meet safety standards
  • Defective products that pose safety hazards (without proper disclosure)

5.5. Regulated Items (PROHIBITED - Require Business Licenses)

STRICTLY PROHIBITED - These items require business licenses:

  • Prescription medications: Requires pharmacy license (NOT allowed for private individuals)
  • Alcohol: Requires liquor license and age verification compliance (NOT allowed for casual sales)
  • Tobacco products: Requires tobacco license and age restrictions (NOT allowed for casual sales)
  • Medical devices: Requires compliance with medical device regulations (NOT casual resale)
  • Supplements or health products: Requires compliance with labeling and safety regulations (NOT casual resale)

Why Prohibited: All items in this section require business licenses, professional certifications, or regulatory compliance. DesiWay Marketplace is for private individuals selling personal items ONLY (see Section 1.5).

If you have these licenses, you may NOT use DesiWay Marketplace - use business selling platforms with proper age verification and regulatory compliance systems.

Exception for Personal Use Items:

  • Used, empty alcohol bottles (for collection purposes) - OK if clearly labeled as empty/decorative
  • Empty supplement bottles - OK if clearly not for consumption
  • Personal medical devices you owned and used (e.g., blood pressure monitor, wheelchair) - OK if for personal resale only

5.6. Food, Beverages, and Consumable Products

STRICTLY PROHIBITED:

  • All food products (packaged, unpackaged, homemade, or commercially produced)
  • Baby food and infant formula (including sealed and unopened products)
  • Dietary supplements and nutritional products
  • Beverages (non-alcoholic and alcoholic)
  • Perishable goods of any kind
  • Cosmetics, skincare, and personal care products (opened or unopened)
  • Any item intended for human consumption or bodily application

Why Prohibited: Food and consumable products are subject to strict EU food safety regulations (Regulation (EC) No 178/2002), labeling requirements, and traceability obligations. Private resale of food products poses health and safety risks that DesiWay cannot monitor or guarantee. Improper storage, handling, or expired products can cause serious harm. DesiWay Marketplace is not equipped to verify food safety compliance, storage conditions, expiration dates, or allergen labeling accuracy.

No Exceptions: Even sealed, unopened, and non-expired food or consumable products may NOT be listed. This includes but is not limited to: canned goods, baby formula, protein powder, vitamins, snacks, spices, drinks, and any other ingestible or topical product.

5.7. Live Animals

  • Live animals: Generally prohibited (exceptions may be made for licensed breeders or pet adoption services in compliance with local laws - contact DesiWay first)
  • Endangered species or protected wildlife

5.8. Adult Content and Services

  • Pornography or explicit sexual content
  • Adult services or sexual services (prostitution, escort services)
  • Sex toys (may be allowed if age-restricted and compliant with local laws - check first)

5.9. Fraudulent or Misleading Listings

  • Fake or non-existent items
  • Listings designed to steal personal information (phishing)
  • Pyramid schemes or multi-level marketing (MLM) schemes
  • Work-from-home scams

5.10. Personal Information

  • Personal information of others (Social Security numbers, credit card numbers, passwords)
  • Hacked accounts or credentials

5.11. Other Prohibited Items

  • Lottery tickets or gambling-related items (where prohibited)
  • Fake or forged documents (IDs, diplomas, passports)
  • Unauthorized event tickets (scalped tickets where prohibited)
  • Stolen intellectual property (leaked content, trade secrets)

6. LEGAL COMPLIANCE

6.1. Applicable Laws

Users must comply with all applicable laws, including:

  • Consumer protection laws
  • Product safety laws
  • Intellectual property laws (copyright, trademark, patent)
  • Tax laws
  • Business licensing laws
  • Import/export laws (for international sales)

6.2. Consumer Protection Laws

IMPORTANT: DesiWay Marketplace is COMMUNITY-ONLY (C2C). All users are private individuals, NOT businesses.

6.2.1. No Business Seller Obligations

Because DesiWay does NOT allow business or commercial sellers:

  • EU Consumer Rights Directive does NOT apply (applies only to B2C, not C2C)
  • Sellers do NOT need to offer 14-day withdrawal right
  • No business warranty obligations
  • No professional seller compliance required

Sales Are "As-Is" Between Private Individuals:

  • Marketplace sales are peer-to-peer, like garage sales or Craigslist
  • Buyers purchase "as-is" from private sellers
  • No legal right to refunds or returns (unless voluntarily agreed between buyer/seller)
  • Sellers must still be honest about item condition (fraud is illegal)

Private Sellers Still Must:

  • Describe items accurately (no false claims)
  • Disclose defects or damage honestly
  • NOT engage in fraud or scams
  • NOT sell stolen, counterfeit, or illegal items

Buyers Responsible For:

  • Inspecting items before purchase (when possible)
  • Asking questions about condition/defects
  • Verifying authenticity (for high-value items)
  • Understanding sales are "as-is" with no guaranteed returns

6.2.2. False Advertising and Fraud

Even in C2C sales, fraud is illegal:

  • Misrepresenting item condition = fraud
  • Selling fake items as authentic = fraud (criminal offense)
  • Taking payment without delivering item = fraud
  • All users must comply with laws against fraud and misrepresentation

6.2.3. Business Sellers Trying to Evade Rules

If someone tries to use DesiWay Marketplace to run a business while pretending to be casual seller:

  • This violates our Terms (immediate account termination)
  • May also violate tax laws (VAT evasion, unreported business income)
  • May violate consumer protection laws (failing to provide business seller rights to buyers)

6.3. Intellectual Property Compliance

6.3.1. No Counterfeits: Do NOT sell counterfeit goods (fake designer items, pirated software).

6.3.2. No Piracy: Do NOT sell pirated media (movies, music, software, games).

6.3.3. No Trademark Infringement: Do NOT misuse trademarks or brand names.

6.3.4. First Sale Doctrine: You may sell authentic, legally purchased items (e.g., used books, resold electronics) under the "first sale doctrine," but NOT counterfeit or pirated items.

6.4. Tax Compliance

6.4.1. Private Sellers (Casual Sales of Personal Items)

Generally NO tax owed on personal items:

  • Selling your used furniture, electronics, clothing = usually NO tax owed
  • You owned and used items personally (not purchased for resale)
  • Ireland Revenue: Personal possessions sold at loss = no Capital Gains Tax

When Tax MAY Be Owed:

  • Selling items for profit (bought low, sold high)
  • Selling valuable collectibles or art at significant gain (Capital Gains Tax may apply)
  • Selling items you never used personally (purchased for resale = business income)

NOT Tax Advice: DesiWay is NOT providing tax advice. Consult Irish Revenue or tax professional if unsure: www.revenue.ie

6.4.2. If You're Running a Business - DON'T USE DESIWAY MARKETPLACE

If you are selling items as a business (buying items to resell for profit, selling inventory, etc.):

  • You may NOT use DesiWay Marketplace (community-only platform)
  • You must register as business with Irish Revenue
  • You must charge VAT if exceeding thresholds
  • You must pay income tax on business earnings
  • Use business selling platforms (eBay, Etsy, Shopify)

6.5. EU CROSS-BORDER MARKETPLACE COMPLIANCE

DesiWay operates across the European Union. Users buying or selling items across borders must comply with laws in multiple countries.

IMPORTANT: DesiWay Marketplace is COMMUNITY-ONLY (C2C). This section applies to PRIVATE INDIVIDUALS selling personal items across borders.

Multi-Jurisdictional Compliance: Users must comply with applicable laws in:

  1. Ireland (where DesiWay is established)
  2. The seller's country of residence
  3. The buyer's country of residence (if different)
  4. Transit countries (for shipped items)

Examples of Country-Specific Regulations:

Consumer Protection (C2C Sales):

  • EU Consumer Rights Directive does NOT apply to C2C sales (only applies to business-to-consumer sales)
  • Private sellers selling personal items = NO 14-day withdrawal right required
  • Buyers purchasing from private individuals have NO legal right to returns (unless voluntarily agreed)
  • Fraud laws still apply: sellers must be honest about item condition

Product Safety and Standards:

  • CE Marking: Required for many products sold in the EU (electronics, toys, machinery)
  • Product safety standards: Vary by product category and country
  • Recalled products: Do NOT sell recalled items (check national recall databases)
  • Restricted/banned products: Some items legal in one country may be prohibited in another

Import/Export and Customs (Cross-Border Sales):

  • Customs duties and taxes: Apply to cross-border sales between EU and non-EU countries
  • Within EU: Generally NO customs duties between EU countries
  • Import restrictions: Some countries ban or restrict certain goods (e.g., food, plants, medicines)
  • CBAM (Carbon Border Adjustment Mechanism): Applies to certain high-emission products imported to EU

Intellectual Property:

  • Counterfeit goods: Illegal across ALL EU countries (risk of customs seizure, criminal prosecution)
  • First sale doctrine: You may resell authentic items you legally own (e.g., used electronics, books)
  • Parallel imports: Legal in EU, but restrictions apply (e.g., repackaged goods)

Tax and VAT (Private Sellers):

  • Private casual sellers generally do NOT owe VAT (VAT only required for business sellers)
  • Capital Gains Tax: May apply if selling high-value collectibles or art at significant profit
  • See Section 6.4 for detailed tax guidance for private sellers

Official Resources:

DesiWay's Role:

  • DesiWay operates as a hosting service under the EU Digital Services Act
  • We are NOT responsible for verifying cross-border compliance
  • Users are solely responsible for complying with laws in all relevant jurisdictions
  • DesiWay will cooperate with authorities and remove listings when notified of legal violations

User Responsibility: If you are selling or buying items across EU borders:

  1. Research applicable laws in both seller's and buyer's countries
  2. Ensure products meet safety standards and have proper CE marking (if required)
  3. Declare customs duties (if shipping outside EU or from non-EU country)
  4. Do NOT sell counterfeit goods (illegal across ALL EU countries)
  5. Obtain legal advice if unsure about cross-border compliance

Failure to comply with cross-border laws may result in:

  • Fines and penalties from national authorities
  • Seizure of goods by customs
  • Criminal prosecution (for counterfeit goods, fraud)
  • Account suspension or termination by DesiWay

7. TRANSACTIONS AND PAYMENTS

7.1. Off-Platform Transactions

7.1.1. Direct Transactions: All transactions and payments occur directly between Sellers and Buyers. DesiWay does NOT:

  • Process payments
  • Hold funds in escrow
  • Facilitate transactions
  • Guarantee payment or delivery

7.1.2. User Responsibility: Users are solely responsible for:

  • Negotiating sale terms
  • Arranging payment and delivery
  • Processing payments
  • Handling refunds or disputes

7.2. Payment Methods

7.2.1. Secure Payment Methods (Recommended)

For In-Person Transactions:

  • ✅ Cash: Safest for in-person transactions (get receipt)
  • ✅ Payment apps with buyer protection: PayPal Goods & Services, Venmo (for authorized merchants)

For Shipped Items:

  • ✅ PayPal Goods & Services: Offers buyer and seller protection
  • ✅ Credit card: Chargeback protection for buyers
  • ✅ Escrow services (for high-value items): Third-party escrow holds funds until buyer receives item

7.2.2. Risky Payment Methods (Use with Caution)

  • ⚠️ Bank transfer: No fraud protection; only use with trusted parties
  • ⚠️ Payment apps (Friends & Family): No buyer protection; only use with trusted parties
  • ⚠️ Check: Risk of bounced checks; verify funds before releasing item

7.2.3. Avoid These Payment Methods (High Scam Risk)

  • ❌ Wire transfer: Untraceable, no fraud protection, commonly used in scams
  • ❌ Cryptocurrency: No fraud protection, irreversible
  • ❌ Gift cards: Untraceable, commonly used in scams
  • ❌ Money orders from strangers: Risk of fake money orders

7.3. Delivery Methods

7.3.1. In-Person Pickup: Safest method; buyer inspects item before paying.

7.3.2. Shipping: Seller ships item to buyer. Recommendations:

  • Use tracked shipping with signature confirmation (for valuable items)
  • Insure high-value items
  • Provide tracking number to buyer
  • Ship only after payment is received and cleared

7.3.3. Delivery Services: Local delivery (if offered by seller).

7.4. Future Payment Services (Optional When Available)

DesiWay may introduce optional integrated payment processing services in the future, including but not limited to:

Potential Payment Features:

  • Escrow Services: Secure holding of payment until buyer receives and approves item
  • Integrated Payment Processing: Direct payment processing within the DesiWay platform
  • Buyer/Seller Protection: Dispute resolution and refund processing for payments made through DesiWay
  • Listing Boosts: Paid promotion to increase listing visibility and reach
  • Premium Features: Subscription services for active community members (enhanced listing tools, analytics, priority support)
  • Advertisement Campaigns: Paid marketing for marketplace listings
  • Verification Services: Paid item authentication or inspection services

Separate Payment Terms Apply: All payments processed through DesiWay will be governed by our separate DesiWay Payment Terms and Conditions ("Payment Terms"), which will be available at:

  • URL: desiway.in/payment-terms
  • Incorporation by Reference: Payment Terms are legally binding and incorporated into these Marketplace Terms by reference
  • Notification: Users will be notified when payment services become available

Key Points:

  • Payment services are entirely optional - users may continue transacting directly off-platform
  • Payment Terms will cover: fees, refunds, disputes, chargebacks, escrow procedures, liability, payment processor relationships, and regulatory compliance
  • By using any DesiWay payment service, you agree to the Payment Terms in addition to these Marketplace Terms
  • Payment-related liability and disputes will be governed exclusively by the Payment Terms

Current Status: No platform payment fees currently charged. DesiWay does not currently charge sellers or buyers any platform fees, payment processing fees, or service fees for using the Marketplace Service. This may change in the future when payment services are introduced, with advance notice to users.

7.5. Refunds and Returns

7.5.1. User Agreement: Refund and return policies are negotiated between Seller and Buyer.

7.5.2. No DesiWay Obligation: DesiWay does NOT process refunds or mediate return disputes.

7.5.3. C2C Sales - No Legal Right to Returns:

IMPORTANT: DesiWay Marketplace is COMMUNITY-ONLY (C2C). All sales are between private individuals.

  • Private sellers do NOT have to offer 14-day withdrawal right (EU Consumer Rights Directive does NOT apply to C2C sales)
  • Buyers have NO legal right to returns or refunds (unless voluntarily agreed with seller)
  • Sales are "as-is" between private individuals (like garage sales or Craigslist)
  • Sellers may voluntarily offer returns/refunds, but are NOT legally required to
  • Fraud laws still apply: sellers must be honest about item condition

8. SAFETY GUIDELINES

8.1. In-Person Meetings

8.1.1. Safe Locations: Always meet in public, well-lit, busy locations:

  • ✅ Coffee shops, shopping malls, police station parking lots
  • ❌ Private residences (unless you know and trust the person)
  • ❌ Isolated or remote locations

8.1.2. Daytime Meetings: Schedule meetings during daylight hours when possible.

8.1.3. Bring a Friend: Bring a trusted friend or family member to meetings.

8.1.4. Tell Someone: Inform a friend or family member of your meeting location and time.

8.1.5. Trust Your Instincts: If something feels unsafe, leave immediately.

8.2. Personal Safety

8.2.1. Protect Personal Information: Do NOT share:

  • Home address (use public meeting places)
  • Financial details (bank account numbers, credit card numbers)
  • Personal identification numbers (Social Security number, passport number)

8.2.2. Keep Communication On-Platform: Keep initial communication through DesiWay messaging until trust is established.

8.2.3. Verify Identity: For high-value transactions, verify the identity of the other party.

9. FRAUD PREVENTION

9.1. Common Marketplace Scams

9.1.1. "Overpayment" Scam

  • How it works: Buyer sends payment larger than agreed price, asks seller to refund the difference. The original payment bounces (fake check, fraudulent payment), and the seller loses the refund amount.
  • Red flags: Payment is more than agreed price; buyer asks for refund via different method
  • Prevention: Do NOT refund overpayments; return the full payment and request correct amount

9.1.2. "Fake Payment Confirmation" Scam

  • How it works: Buyer sends fake payment confirmation email (fake PayPal receipt, fake bank transfer), asks seller to ship item. No payment was actually made.
  • Red flags: Email from suspicious address; payment not showing in your account
  • Prevention: Verify payment in your account before shipping; do NOT trust email confirmations alone

9.1.3. "Shipping Address Change" Scam

  • How it works: Buyer pays via PayPal, then asks you to ship to a different address (not the PayPal address). Buyer later claims item was not delivered, and PayPal does not cover the transaction because you shipped to an unverified address.
  • Red flags: Buyer asks to ship to different address after payment
  • Prevention: Only ship to the address provided by the payment platform (e.g., PayPal verified address)

9.1.4. "Too Good to Be True" Listing Scam

  • How it works: Fake listings with prices far below market value to lure buyers. Scammer collects payment, never delivers item.
  • Red flags: Price significantly below market; seller asks for payment via wire transfer or gift cards; seller cannot provide additional photos or verification
  • Prevention: Research market prices; use secure payment methods; inspect items in person when possible

9.1.5. "Phishing" Scam

  • How it works: Fake listings designed to steal personal information (login credentials, credit card numbers).
  • Red flags: Seller asks for login credentials or financial information; links to suspicious websites
  • Prevention: Never share login credentials or financial information through messaging

9.2. Scam Prevention Tips

For Sellers: ✅ Accept only secure, traceable payment methods ✅ Verify payment has cleared before shipping ✅ Ship only to verified addresses ✅ Keep records (receipts, tracking numbers, messages) ✅ Do NOT refund overpayments ✅ Trust your instincts -if something feels wrong, cancel the transaction

For Buyers: ✅ Inspect items in person before paying (when possible) ✅ Use payment methods with buyer protection ✅ Verify seller legitimacy (check reviews, ask questions) ✅ Reverse image search photos to check for stolen images ✅ Do NOT send payment via wire transfer, gift cards, or cryptocurrency to strangers ✅ Trust your instincts -if something feels wrong, walk away

10. LIABILITY AND DISCLAIMERS

CONSUMER PROTECTION NOTICE:

Your statutory consumer rights under Irish and EU law are protected. Nothing in these Terms excludes or limits DesiWay's liability for:

  • Death or personal injury caused by DesiWay's negligence or gross negligence
  • Fraud or fraudulent misrepresentation by DesiWay
  • Any other liability that cannot be excluded or limited under Irish or EU law

Under the Consumer Rights Act 2022 (Ireland) and EU Consumer Rights Directive, consumers have specific rights when purchasing goods or services from business sellers. These rights cannot be waived by contract terms.

However, DesiWay is NOT a seller, retailer, or party to marketplace transactions. DesiWay operates as a hosting service under the EU Digital Services Act. Sellers (not DesiWay) are responsible for compliance with consumer protection laws, product safety, and transaction fulfillment.

10.1. DesiWay Disclaimer of Liability

DESIWAY IS NOT LIABLE FOR:

10.1.1. Item Quality, Authenticity, or Condition:

  • Item quality, authenticity, or condition
  • Misrepresentation of items by sellers
  • Defective or unsafe products
  • Counterfeit or stolen goods

10.1.2. Transaction Issues:

  • Non-delivery of items
  • Non-payment by buyers
  • Disputes between buyers and sellers
  • Shipping delays or damage

10.1.3. Fraud and Scams:

  • Fraudulent sellers or buyers
  • Financial loss due to scams
  • Identity theft or phishing

10.1.4. Legal Issues:

  • Violations of consumer protection laws by sellers
  • Intellectual property infringement
  • Sale of prohibited items
  • Tax evasion

10.2. No Item Verification

10.2.1. No Verification: DesiWay does NOT:

  • Verify item authenticity or condition
  • Inspect items
  • Confirm seller identity or legitimacy
  • Conduct background checks

10.2.2. User Responsibility: Users are solely responsible for verifying item legitimacy, quality, and safety.

10.3. User Assumption of Risk

By using the Marketplace Service, you acknowledge and agree that:

  • Use is entirely voluntary
  • You assume all risks associated with buying or selling items
  • You are responsible for verifying item information
  • DesiWay is not a party to transactions and assumes no responsibility

10.4. No Warranties

DesiWay provides the Marketplace Service "AS IS" without warranties regarding:

  • Accuracy of listings
  • Item authenticity, quality, or safety
  • Reliability or trustworthiness of users
  • Successful transactions

10.5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY IRISH AND EU LAW, DESIWAY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR RELATED TO THE MARKETPLACE SERVICE (EXCLUDING PAYMENT SERVICES).

Legal Exclusions: This limitation of liability does NOT apply to and DesiWay cannot exclude liability for:

  • Death or personal injury caused by DesiWay's negligence or gross negligence
  • Fraud or fraudulent misrepresentation by DesiWay
  • Any liability that cannot be excluded or limited under Irish or EU law
  • Breach of statutory consumer rights under the Consumer Rights Act 2022 (Ireland) or EU Consumer Rights Directive

Scope of Disclaimer: Subject to the above legal exclusions, DesiWay is NOT liable for:

  • Item quality, authenticity, condition, or safety
  • Marketplace scams, fraud, or financial losses
  • Disputes between buyers and sellers
  • User conduct or breach of sales agreements
  • Accuracy of listings or user representations
  • Non-delivery, non-payment, or transaction failures
  • Counterfeit goods, stolen items, or prohibited items listed by users
  • Intellectual property infringement by users
  • Tax evasion or business licensing violations by users
  • Indirect, consequential, or special damages

Payment Services Liability: If DesiWay introduces payment processing services in the future, liability for payment-related claims will be governed exclusively by the separate DesiWay Payment Terms and Conditions.

11. DISPUTE RESOLUTION

11.1. User-to-User Disputes

11.1.1. Direct Resolution: Users are encouraged to resolve disputes directly through communication.

11.1.2. Payment Platform Dispute Resolution: If you used a payment platform with buyer/seller protection (e.g., PayPal), use their dispute resolution process.

11.1.3. Legal Action: If disputes cannot be resolved, users may pursue legal remedies (small claims court, consumer protection agencies) according to local law.

11.1.4. DesiWay Not Obligated: DesiWay is NOT obligated to mediate, arbitrate, or resolve disputes between buyers and sellers.

11.2. Reporting Disputes

Users may report serious disputes or violations to DesiWay for potential enforcement action (content removal, account suspension).

12. ENFORCEMENT

12.1. Violation Reporting and DSA Notice-and-Action Mechanism

EU Digital Services Act - Illegal Content Notification System

Under the EU Digital Services Act (effective February 17, 2024), DesiWay operates a formal notice-and-action mechanism for reporting illegal content and Terms violations.

How to Report Violations:

Illegal Products or Content:

  • Use in-app "Report" button on listings (select reason: illegal content, prohibited item, fraud, counterfeit goods, etc.)
  • Email: [email protected] (for serious legal violations)
  • Include: Listing URL, description of violation, evidence (screenshots, photos)

What Counts as "Illegal Content":

  • Stolen goods, counterfeit goods
  • Illegal drugs, weapons, explosives
  • Items violating intellectual property (pirated software, fake designer goods)
  • Prohibited items under Section 5
  • Fraudulent listings (phishing, scams)
  • Items violating product safety laws (recalled products, unsafe goods)

DesiWay's Response Obligations:

  1. Expeditious Action:

    • DesiWay will review reports and take action "without undue delay"
    • Typical response time: 24-72 hours for standard reports
    • Trusted flaggers (law enforcement, NGOs): Priority processing

  2. Statement of Reasons:

    • If we remove/block a listing, we will provide clear explanation to the seller
    • Seller will be notified of removal reason and legal basis
    • Seller has right to appeal (see Section 12.4)

  3. Notification to Buyers (If Illegal Product Sold):

    • If we become aware a product sold on DesiWay is illegal, we will:
      • Notify users who purchased the item
      • Provide seller identity information (where legally permitted)
      • Inform buyers of options (report to authorities, seek refund)

Trusted Flaggers:

DesiWay cooperates with trusted flaggers (Europol, national police, consumer protection agencies, NGOs) who receive priority processing for reports of illegal content.

False Reports:

Users who repeatedly submit false or malicious reports may face account suspension. Report only genuine violations.

12.2. Enforcement Actions

Violations may result in:

  • Listing removal
  • Account warnings
  • Temporary suspension
  • Permanent account termination
  • Reporting to law enforcement (for scams, fraud, or illegal items)

DSA Repeat Offender Suspension:

Under the EU Digital Services Act, DesiWay is legally required to:

  • Suspend sellers who frequently list manifestly illegal products
  • Suspension period: 30-90 days (depending on severity)
  • Prior warning: Sellers receive warning before suspension (except severe violations)
  • Examples of "manifestly illegal": Stolen goods, counterfeit goods, prohibited weapons, illegal drugs

"Frequently" Defined:

  • 3+ listings of illegal items within 6 months
  • Pattern of Terms violations
  • Repeated warnings with no improvement

Suspension Process:

  1. Warning email sent explaining violations
  2. Seller has 7 days to respond or correct
  3. If violations continue, account suspended for set period
  4. Repeat violations after suspension = permanent account termination
  5. Seller may appeal suspension (see Section 12.4)

Business Seller Violations:

If we detect you are operating as business seller (prohibited under Section 1.5):

  • Immediate removal of ALL listings
  • Account suspension or termination
  • No refunds for any fees paid
  • May report to tax authorities if tax evasion suspected

12.3. Severe Violations

Severe violations (scams, fraud, sale of illegal items) will result in:

  • Immediate account termination
  • Reporting to law enforcement authorities
  • Cooperation with investigations

12.4. DSA Internal Complaint-Handling System (Right to Appeal)

EU Digital Services Act - Right to Appeal Platform Decisions

Under the EU Digital Services Act, users have the right to submit complaints about DesiWay's content moderation decisions, including:

  • Listing removal or blocking
  • Account suspension or termination
  • Content demotion or visibility reduction
  • Restrictions on account features

How to Submit a Complaint:

  1. Online Form: desiway.in/appeals
  2. Email: [email protected]
    • Subject: "DSA Complaint - [Your Issue]"
    • Include:
      • Your account username and email
      • Listing ID or content ID (if applicable)
      • DesiWay's decision you are challenging
      • Reason you believe the decision was incorrect
      • Evidence supporting your complaint (photos, screenshots, receipts)

Processing Timeline:

  • DesiWay will acknowledge receipt within 2 business days
  • Decision on complaint within 10 business days (complex cases may take longer)
  • You will receive clear statement of reasons for our decision

Complaint Review:

  • Complaints reviewed by trained moderation team (separate from initial decision-maker)
  • We consider: Terms compliance, applicable laws, context, evidence provided
  • Decision may be: Upheld (original decision stands), Reversed (listing restored/account reinstated), Modified (partial remedy)

If Complaint Rejected:

If your complaint is rejected and you still disagree, you may:

  1. Out-of-Court Dispute Settlement:

    • Use certified out-of-court dispute settlement body
    • List available at: desiway.in/dispute-resolution
    • Low-cost or free mediation services

  2. Legal Remedies:

    • File complaint with Irish Data Protection Commission (DPC) (if GDPR-related): www.dataprotection.ie
    • File complaint with Coimisiún na Meán (Ireland's Digital Services Coordinator): www.cnam.ie
    • Pursue legal action in Irish courts (see Master Terms for jurisdiction)

DSA Contact Point:

For DSA-related questions or complaints:

  • Email: [email protected]
  • Address: VENTURE HUB, 136 CAPEL STREET, DUBLIN, D01 T2C9, IRELAND

European Digital Services Coordinators:

You may also contact your country's national Digital Services Coordinator:

FINAL ACKNOWLEDGMENT

BY USING THE MARKETPLACE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:

  1. DesiWay is a classifieds platform and not a seller, payment processor, or guarantor.
  2. You are solely responsible for your listings and transactions.
  3. DesiWay does not verify items, users, or transactions.
  4. You assume all risks associated with buying or selling items.
  5. You will comply with all applicable laws (consumer protection, product safety, intellectual property, tax).
  6. DesiWay is not liable for item quality, scams, fraud, or disputes.

If you do not agree, do not use the Marketplace Service.

END OF MARKETPLACE TERMS