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 (See section X)
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 i’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/)
16. 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)
17. Mine data, screen scrape or crawl any part of the Service.
18. Disassemble, decompile or reverse engineer any part of the Service.
19. Adapt, copy, vary, edit, distribute or commercialise any content of fashiondsgn
21. 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 with 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).