Terms & Conditions

Nivaii Ltd ("Nivaii", "we", "us", "our") operates as an independent online marketplace platform where users can buy and sell pre-loved cultural clothing and accessories.

• Company name: Nivaii Ltd
• Registered in: England & Wales
• Company number: 16581025
• Email: support@nivaii.com

To use Nivaii, you must:

• Be at least 16 years old
• Reside in the United Kingdom
• Provide accurate and complete registration information

We may request identity documents to verify your age or identity in accordance with UK law, anti-money laundering regulations, fraud prevention, and KYC requirements. If valid documents are not provided when requested, we may:

• Restrict your account
• Hold funds securely
• Suspend access to the Platform

Restrictions remain until verification is completed.

Nivaii operates as an independent marketplace platform providing tools and technology for users to list, discover, buy, and sell items. Nivaii is not an agent, representative, broker, or partner of any user.

Nivaii does not act on behalf of buyers or sellers and is not a party to the contract of sale, which occurs directly between users. Nivaii does not own, inspect, or take possession of items listed unless explicitly stated. Nivaii facilitates payment by holding funds securely until transactions are completed.

This does not create an agency or fiduciary relationship.

By listing an item, you confirm that:

• You are the sole and lawful owner of the item, or have permission from the legal owner to sell it.
• The item is not stolen, illegally obtained, counterfeit, or linked to criminal activity.
• Descriptions, photos, and details are accurate and not misleading.
• You comply with Nivaii's Prohibited Items policy.
• You will dispatch sold items promptly.

Nivaii may:

• Request proof of ownership
• Remove unlawful or fraudulent listings
• Hold or return funds during investigations
• Suspend or terminate accounts involved in criminal activity
• Cooperate with law enforcement

Funds remain securely held during investigations.

Seller Service Fee

A 7% service fee is charged on the final sale price of each completed transaction. This fee is deducted from the seller's payout and is the seller's responsibility.

The Service Fee covers:

• Operation and maintenance of the platform
• Secure hosting and storage of listings
• Listing tools and unlimited photo uploads
• Seller dashboard and analytics features
• Customer and technical support
• Trust & Safety monitoring
• Ongoing platform development

Buyer Protection Fee

A 3% Buyer Protection Fee is applied at checkout and paid by the buyer. This fee covers:

• Secure payment processing
• Fraud detection and risk monitoring
• Protection if an item is not received or significantly not as described
• Access to dispute resolution
• Customer support
• Platform security and operational costs

The Buyer Protection Fee is non-refundable unless required by law. All fees are paid by the relevant user.

• When an item is purchased, payment is held securely by Nivaii until the transaction is completed.
• Funds are released to the seller when the buyer confirms receipt or the confirmation period expires.
• If a dispute is raised, funds remain securely held until resolved.

Nivaii manages all payment holds, releases, and dispute-related fund handling. All payments are processed in GBP (£).

Buyers may raise a dispute if the item is not as described, damaged, or not received. Returns are not accepted for change of mind or incorrect sizing.

Dispute Process

1. Timeframe — Disputes must be raised within 48 hours of delivery. For undelivered items, disputes may be raised once the estimated delivery window has passed.
2. Buyer Evidence — Clear photos, videos, and a written explanation must be provided.
3. Seller Response — Sellers may be asked to provide tracking or pre-shipment evidence.
4. Fund Hold — Payment remains securely held during the investigation.
5. Review — Nivaii reviews all evidence and communication. Nivaii's decision is final.
6. Outcome — Refund to buyer (return required if appropriate) or release of funds to seller.
7. Returns — If a return is required, the buyer must use tracked postage and provide proof.
8. Closing — Disputes close when a final decision is reached, evidence is not provided, or a mutual agreement is made.

Prohibited items include, but are not limited to:

• Counterfeit or replica goods
• Stolen goods
• Damaged, unsafe, or unhygienic clothing
• Used cosmetics and personal-care items
• Worn underwear or swimwear bottoms
• Offensive, hateful, or discriminatory items
• Sacred religious artefacts
• Weapons, drugs, alcohol, tobacco, real fur, ivory
• Digital products, gift cards, services
• Electronics, appliances, furniture

Nivaii may remove prohibited listings at any time.

Users must not:

• Provide false or misleading information
• Engage in illegal, fraudulent, or harmful behaviour
• Harass, intimidate, or abuse others
• Post offensive or defamatory content
• Interfere with platform operations
• Attempt to communicate or complete transactions outside Nivaii
• Bypass or attempt to avoid platform fees

Off-Platform Communications and Transactions

All communication, payments, and transactions must occur within the Nivaii Platform.

Nivaii is not liable for:

• Transactions completed outside the Platform
• Payments sent privately
• Delivery arranged privately
• Fraud, loss, or disputes arising from off-platform activity

Nivaii may restrict or suspend accounts engaged in fee-avoidance or off-platform behaviour.

Nivaii monitors in-platform communications for fraud prevention, safety, and Terms enforcement, as described in our Privacy Policy.

All platform content is owned or licensed by Nivaii Ltd. Unauthorised use, copying, or reproduction is prohibited.

Nivaii is a service-based marketplace platform. We do not own, inspect, or guarantee any items listed by users.

Nivaii provides no warranties or guarantees regarding:

• Item quality, condition, legality, authenticity, or safety
• Seller behaviour or performance
• Delivery times or courier services
• Suitability of any item for a particular purpose

All risks lie solely with buyers and sellers.

Nothing in these Terms excludes liability where it cannot be excluded by law.

To the fullest extent permitted:

• Nivaii is not liable for the quality, authenticity, legality, or condition of user-listed items.
• Nivaii is not liable for losses arising from off-platform interactions.
• Nivaii is not liable for indirect, incidental, or consequential losses, including loss of profits or data.
• Nivaii's total liability is limited to the service fees paid by the user in the 12 months prior to the claim, unless the law requires otherwise.

Permitted Claims

Any claim against Nivaii must:

• Relate solely to a transaction completed within the Nivaii Platform, and
• Fall within Nivaii's role as a service-based marketplace provider.

Limitation Act 1980: Claims may be brought within statutory limitation periods. Nivaii is not liable for claims arising from events or communications outside the Platform.

Accounts may be suspended or terminated for breaches, fraud, fee-avoidance, or behaviour that risks platform integrity or safety.

We may update these Terms periodically. Continued use of the Platform following updates means you accept the revised Terms.

1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
2. The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims), subject to the arbitration clause below.
3. Arbitration: Any dispute, claim, or disagreement arising from or relating to these Terms or your use of the Platform that cannot be resolved directly between the parties shall be settled by binding arbitration.

Arbitration terms:

• Arbitration will be carried out by a single independent arbitrator under the Arbitration Act 1996.
• The arbitration will take place in England and be conducted in English.
• Court litigation is excluded except for applications to enforce an arbitration award, applications to challenge an award on limited statutory grounds, and applications for urgent interim or injunctive relief.
• Each party will bear its own costs unless the arbitrator decides otherwise.

Nivaii Ltd

Email: support@nivaii.com

Company No: 16581025