TERMS AND CONDITIONS
Fashiondsgn is a combined peer-to-peer market place and social media platform. Fashiondsgn gives you the opportunity to sell and buy from independent brands from across the world whilst building a community based on friendly competition in styles wars, social media-esque profiles and forums alongside opinion and news orientated articles.
ACCEPTANCE OF TERMS OF SERVICE
By creating a profile/account and using the Services in any manner you agree to these Terms of Service that may be published from time to time on site, each of which is will be listed by reference below and may be updated from time to time without notice to you
SETTING UP AN ACCOUNT
1. To use fashiondsgn in its entirety you must register and set up an account/profile with a username and password. It’s suggested you to use a strong password that contains capitals, numbers and symbols
2. You must be at least 13 years of age and capable in your country of residence of entering into a legally binding agreement to use our Service. If fashiondsgn is made aware of having collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible.
3. You are personally responsible for maintaining confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact fashiondsgn at email@example.com so we can look into it as soon as possible.
MARKETPLACE AND PAYMENTS
1. Fashiondsgn presents a peer to peer brand marketplace. You can find out more about store set up in this link here
2. You can sell your items through fashiondsgn by publishing pictures of the item you want to sell. When a user of the Service purchases such Sale Item, this is a sale transaction.
3. Sale Transactions may only take place via our third party payment providers – PayPal or Stripe
4. If using PayPal to make or receive payment for a Sale Transaction, you will need a PayPal account to use the Service. If you are under 18 and do not have your own PayPal account or plan to use a parent’s/third party’s PayPal account, you agree that you have permission to use such PayPal account in relation to each and every transaction undertaken on site.
5. If using the alternate method of stripe you are confirming your use is is subject to the Stripe Connected Account Agreement and Stripe Terms of Service (collectively, the “Stripe Services Agreement”) and you agree to be bound by the Stripe Services Agreement (which may be modified by Stripe at their discretion). Through using stripe you are also agreeing to provide Fashiondsgn accurate and complete information about you and your respective profile/account. By using Stripe, you hereby consent and authorise fashiondsgn and Stripe to share any information and payment instructions you provide to the extent required to complete payments via the Service.
6. In the interests of our users, you are not permitted to sell or purchase an Item through direct means with the buyer or the seller or use a payment method other than the payment methods offered on site. Please note that selling or purchasing a Sale Item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service
7. In order to create the best experience for all involved please honour any commitments in purchasing, exchanging or selling an item
8. All agreements for the purchase of a Sale Item is made solely between you and the seller, fashiondsgn has been made as a marketplace to provide the ability for these encounters. As a result of this whilst the utmost effort will be made to ensure legitimate sellers will be on site we have no control and do not give any commitment to the existence, safety, legitimacy, legality or quality of sales items. This including the accuracy or the product picture or description which has been made available to the users of this site. Further to this we cannot be held responsible that sellers have the ability to sell such items or the buyer can purchase such goods or return goods if agreed with the seller. Sellers are responsible for ensuring that any age-restricted Sale Items are marked clearly with the applicable age restriction (as required by law) in their description and Buyers agree that they shall not purchase Sale Items if they are younger than both the advertised and legal age restriction.
9. Sellers have, at all times, total discretion to set prices.
10. All complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, please contact firstname.lastname@example.org and we’ll attempt to help mediate such disputes between parties.
Your rights using the service
1. Your right to use the Service is yours only and should not be given to another person or to sell, gift or transfer your Account to another person.
2. Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “fashiondsgn” name, trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to fashiondsgn.
3. These Terms of Service do not grant you any rights to any intellectual property rights or any other rights or licences in respect of fashiondsgn’s materials and content, Service, name and/or trademarks, other than as set out in these Terms of Service.
1. You agree that all content including images, sounds, text or information submitted or created (“User Content”) whilst using the Service will meet the terms and conditions of acceptable use highlighted in “rules and acceptable use” section
2. You give permission for worldwide, non-exclusive, royalty-free, licence to use your content in any way we see fit (including any intellectual property rights therein) including licence and sub-licence
3. Our right to use your User Content does not in any way affect your privacy rights
4. User Content is not checked before it is added to the Service by users. We may later check, moderate, refuse and delete any content if we think that it breaks any of the Rules of Acceptable Use
5. User Content removed from site can still to be held by fashiondsgn, including, without limitation, in order to comply with certain legal obligations. Therefore we encourage you to maintain your own backup of your User Content and you agree that you will not rely on the Service for the purposes of User Content backup or storage. To the extent permitted by applicable law, we shall have no liability for any loss of User Content.
Rules of Acceptable Use
1. In addition to the other requirements within these Terms of Service, this section are specific guidelines/rules that apply as the “rules of acceptable use” elsewhere
2. The email address used for your Account details is active and is regularly checked to be aware of any communications which may be sent
3. All taxes (including any associated penalties, fines, charges and late payment interest) in regards to your sales of items through our Service are your responsibility. You must comply with all applicable laws in relation to such taxes and highlight any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this section
4. When using the Service you must not:
1. Create more than one Account
2. Give any false or misleading information in your Account details.
3. Give permission for another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you.4.Send junk, spam or repetitive messages.
4. Send junk, spam or repetitive messages.
5. Use the Service if we have suspended or banned you from using it.
6. Engage in any illegal conduct including selling any fake/counterfeit items. All items must co-operate with legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal products, age restrictions)
7. Modify, interfere, intercept or hack the Service.
8. Harm the site or equipment of the site by knowingly introducing viruses, Trojans, worms or other material
9. Collect any data from the Service other than in accordance with these Terms of Service.
10. Submit/contribute any Content (including comments/photos/editorial content/usernames/product descriptions or product) that contains unlawful content, nudity or violence or is abusive, involves bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language. All of this can be judged at fashiondsgn’s discretion
11. Unfairly manipulate any ratings system or user feedback system.
12. Submit and content without the permission of the content owner (i.e. otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that hold no correlation to your listing).
13. Offer to sell or buy any of the items such as alcohol, drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
14. Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us (outlined in //fashiondsgn.com/store-set-up/)
15. Submit any information/commentary in regards to another person without that person’s prior permission, or post private or confidential information (such as address, contact details, bank/credit/debit card details)
16. Mine data, screen scrape or crawl any part of the Service.
17. Disassemble, decompile or reverse engineer any part of the Service.
18. Adapt, copy, vary, edit, distribute or commercialise any content of fashiondsgn
19. Use any third party’s PayPal account unless you have express permission from them to do so.
5. Failure to comply with the said rules can result in taking all or any of the following actions (with or without notice):
1. immediate, temporary or permanent withdrawal of your right to use our Service;
2. immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
3. issuing of a warning to you;
4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.
1. Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent to email@example.com
1. your name and contact details;
2. a statement highlighting why said content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use;
3. a link to the problematic content.
We will take the action based on an enquiry into the nature of the Infringement Notice and will aim to respond to you asap once a decision has been made.
Advertising on service
There will be paid advertisements and placements on site of which this may not always be necessarily highlighted
1.The seller of any Sale Item will pay us a commission on the product amount received by the seller (including VAT) in respect of any Sale Transaction (the “Commission”) said commission amounts are highlighted in store set up
3. Our Commission will be deducted from your PayPal account or via Stripe (whichever is applicable).
4. The Commission is inclusive of VAT or other sales taxes (where applicable).
5. If said transaction is not legitimate due to the buyer using a illegitimate payment method or anything else that can consider the transaction void you will have make us aware if you plan to get a full refund of the order
6. If the buyer has proof shipment has not be delivered and receives a refund you will not receive your cut of the commission
7. All returns have to be approved by site admin, once confirmed you will receive your part of the commission back
Cancelling your profile
1.If at any point you can longer comply with the terms and conditions you must stop using the service and deactivate your account immediately
2. If you in general would like to stop using the service and close your account please use the link of http://fashiondsgn.com/members/user x/settings/delete-account/
3. We hold the right to immediately terminate your account at any time if you break the rules of acceptable use or terms and conditions specified
4. Fashiondsgn also holds the option to withdraw the service for any reason , at any time without notice with no liability towards you
5. If we or yourself end the use of the service we may delete or modify the user content as we wish. If the account has been terminated at the user’s discretion they can create a new account however will not be able to bring back the original account content that had been deleted. If the account has been deleted at the discretion of fashiondsgn the user loses all rights to access our content and will not be offered any compensation for your loses. This also applies if the account has been deleted willingly by the hser.
Fashiondsgn liability and responsibility to the user
1. The user alone is purely responsible for the purchase or sale of an item. There is no commitment from our side in regards to the quality, delivery, legitimacy or honouring any information regarding the price, description and availability of, or any information regarding any items on sale through our marketplace. This also accounts for the ability for the buyer to complete any purchase of the sale items.
2. There will be occasions throughout the lifetime of fashiondsgn where the service may be unavailable due to interruption, maintenance, upgrades or due to failure of servers/telecommunication links. As a result the service is provided as an ‘on available’ and ‘as is’ basis. This means we cannot guarantee your service will always be uninterrupted or without delays. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
3. Fashiondsgn is not responsible or liable for any loss or harm caused by worms, viruses or any programmes which are utilised and or designed to harm/impair the service
4. You may be able to access third party links/websites/products on fashiondsgn. Fashiondsgn is not responsible or liable for any of said links/websites/products which may be accessed by you. All access to these links/websites/products and services are at your own risk and subject to your acceptance and compliance with the third party terms of the said link/website/product
5. To the maximum extent permitted by the law, our total responsibility for any claims relating to a sale transaction is limited to the commission payable in connection with that sale transaction
6. For any claims surrounding the provision of the service excluding those stated above in point 5. we do not accept any responsibility whatsoever.
7. We will never be responsible for any loss or damage that is not reasonably foreseeable and will also never be responsible for indirect losses and/or financial and business loss, or loss of goodwill and reputation
Your responsibility to us
If fashiondsgn is sued as a result of an action or inaction by you (including breaching terms of service) then we have the right, at our discretion to request you indemnify us (including but not limited to covering all costs including legal fees) and also hold us harmless from any legal claim/demand for expenses or costs that arise due to such actions/inaction.
Disputes between user and fashiondsgn
1. If you have a dispute with fashiondsgn relating to the service, please contact us at firstname.lastname@example.org and attempt to resolve the dispute in an informal format
Disputes between users surrounding a sale transaction
1. If you use PayPal to pay for a sale item you may be eligible for a PayPal’s buyer or seller protection. As a result it is recommended that you use PayPal where possible. To see details of PayPal’s buyer and seller protection please use this link https://www.paypal.com/uk/webapps/mpp/paypal-safety-and-security
2. In order to be qualify for PayPal buyer or seller protection please sure you use the in-app PayPal option and report the transaction issue to PayPal within 180 days from the date of purchase/sale. The protection only applies if these two conditions are met
3. All purchases or sales made outside the fashiondsgn marketplace are against our terms and services and as a result not covered by buyer or seller protection. This also applies to non-material goods, prohibited items and in person meets for the relevant transaction.
4. Transactions via stripe are not covered by PayPal buyer/seller protection
5. If in a purchase as a buyer the item has not arrived or is in a state that is not as described or faulty. Or you are a seller and you are sent an unauthorised payment or a buyer claims not to have received their sale item please contact the seller/buyer. If this can’t be resolved please raise a dispute with paypal/stripe. We recommend paypal who have stronger buyer/seller protection
6. Buyers using PayPal: If PayPal confirm that the sales intern wasn’t received or was significantly not as described you could be entitled to a refund under said buyer protection. If the item is significantly not as described PayPal will ask you to return it to the seller before refunding you. If the sales item is found to be counterfeit (and was not confirmed to have been originally in the description) PayPal was request that you destroy it.
7. Sellers using PayPal: If PayPal confirm the circumstances of your claim then you may be covered for the amount of the sale item on relevant/eligible sales
8. Please know we can only accept tracking codes as valid proof of delivery and the cost of returns sits with the returner and not us.
9. In order to open a dispute where the sale was made via PayPal please use the steps highlighted in this link
10. PayPal’s investigation of the dispute is subject to their terms of service which will have been agreed to when setting up your PayPal account
1. The seller is solely responsible for the shipment of the sales item to the buyer
2. Once the shipping option has been selected in your cart and paid for you are unable to change that type of shipping once the transaction has been started
3. Fashiondsgn cannot be held responsible for any additional costs such as local custom charges, import taxes or duties or any similar charge (s) as a result of the delivery of said item. The seller must satisfy themselves as to the potential of these charges. If any of these charges occur and are charged to fashiondsgn the seller automatically agrees to reimburse fashiondsgn to said amount within 7 days of the demand
Changes to the service
1. We are consistently updating and improving the site to try and improve user experience through innovation.
2. As a result of this we may need to update, reset or stop offering certain aspect of the site at any given time
3. if at any given time you want to close your account due to the change in service you can delete your account via contacting email@example.com
Changes to terms of service
1. At at times may edit these terms of service, any changes will take effect after 3 days of any notification whether that it via email or through notification on site. Your continued use shall constitute acceptance of the revised terms and conditions
2. We will always aim to provide reasonable notice, however at times changes have to be made immediately at which point we’ll be unable to provide notice
Documents that apply to our relationship with you
1. The current version of the terms of service contains the only terms and conditions that are relevant to our relationship with you. All previous versions are to be considered void and will be completely replaced by the latest edition in this link
2. We intend to stand by these terms of conditions as our agreement when you’re using the service, however if there are scenarios when the certain aspects cannot be enforced then the remainder of said terms and conditions will still apply to our relationship
3. if there are times where you have broken or have failed to comply with these terms and conditions and action hasn’t been taken against you immediately that does not mean we have given up any right we have to take action in the future, of which point is at our digression
Law and general provisions
1. As we are based in England, English law will apply to all disputes and the interpretation of these Terms of Service. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. These Terms of Service do not exclude any mandatory legal rights you may have or obligations fashiondsgn may have in your country of residence, where fashiondsgn is not allowed to exclude such as a matter of law.
2. We may assign any of our rights and obligations under these Terms of Service.
3. These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and fashiondsgn.
4. Fashiondsgn will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances fashiondsgn will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and fashiondsgn other commitments.
5. No third party or (except, where applicable, the permitted assign of fashiondsgn) is entitled to the benefit of these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Contact, feedback and complaints
1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at firstname.lastname@example.org with the subject line ‘Terms of Service’.
2. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you