My Flair.uk Terms of Use

Terms of Use

MyFlair.uk terms of use have been written with the aim to keep them useful, simple and as fair as possible, so you that you understand and can comply with.  If you have any thoughts on how we can improve them then please do contact us by writing to help@myflair.uk

Definitions and Notification of Changes

By using the MyFlair.uk [“MyFlair”], website [“The Site”], you are agreeing to be bound by the following terms and conditions [the “Terms of Use” or “The Agreement”].

MyFlair may change these Terms of Use at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by MyFlair. Your continued use of MyFlair.uk after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

General Terms

1. You must be 18 years of age or older or you will not be able to enter into a legally binding contract to buy or sell via MyFlair.

1.2. If you register as a business [as a sole trader or partnership] on MyFlair you must guarantee that you personally have the authority of the business to agree to the terms of use. 

1.3. These terms shall be governed by and interpreted in accordance with the law of England and Wales.

Behaviour

2. You must not use MyFlair for any illegal or unauthorized purpose and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content such as libel and slander law and must comply with all local jurisdictions.

3. You must not breach any laws, sell any counterfeit items, or otherwise infringe the copyright, trademark or other rights of third parties.

4. You must not threaten, intimidate, harass, or otherwise abuse any other MyFlair user.

5. You are responsible for maintaining that the content you submit is your own and is not owned by others.

6. You are solely responsible for your behaviour and conduct on MyFlair including use of all content and data including images [graphics and photos], audio and video clips, links and text [such as conversations] that you post to the MyFlair.uk website.

7. You must not modify or adapt or ‘hack’ MyFlair.uk or seek to create another website or communication to users that implies it is associated to MyFlair.uk

8. You must not transmit or seek to transmit any viruses or worms or any code that seeks to alter the behaviour of the MyFlair site or that is in any way destructive.

9. You must not produce unwanted communications [spam] to other users of MyFlair.

10. You are responsible for choosing a strong, secure password and keep it safe.

Liability

11. Under no circumstances will MyFlair be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of MyFlair regardless of the form of action.

Goods for Sale

12. If you seek to sell products then all goods sold as “handmade” must be deemed not to have been produced through “mass production” methods and must be the original design or produce of the seller.

13. You must not list prohibited items such as:

13.1 Adult content, swearing and pornographic items;

13.2 Illegal or hazardous or dangerous items;

13.3 Products which promote hatred or bigotry, or support organisations that aim to intimidate others;

13.4 Human or animal parts;

13.5 Music & film;

 13.6 Nicotine, e-cigarettes and e-liquids;

13.7 Alcohol;

13.8 Found or stolen items;

Any item posted on MyFlair that are found to be in breach of this terms of use will be removed without prior notice. MyFlair reserves the right to change this list at any time and without notice

Content and Copyright

14. You [“the user”] in using MyFlair allow MyFlair the right to re-use, edit, modify, re-purpose and re-publish the content for promotion and advertising use. “You” retain rights over copyright of all such content yet provide a license for MyFlair to use this content both on and offline in perpetuity.

15. You must not post, list or upload false, inaccurate, misleading or defamatory content (including personal information).

16. You must not copy, modify, or distribute MyFlair’s copyrighted works or trademarks, or other content from the MyFlair.uk website, without our express consent including the MyFlair logo.

17. MyFlair may change or remove content (“content” includes, for example, items, item descriptions, and other information on the site) and accounts containing content that MyFlair determines to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms of Use, the Privacy Policy or other policy documents and community guidelines as posted on MyFlair.

18. By submitting your content you grant MyFlair a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the MyFlair Privacy Policy. This will enable us to reproduce your work for the purposes of marketing the service and your work [for example: ‘adverts’; blog posts; printed and web related marketing material; books etc.]. 

19. Your content must be your own original work which you have the right to make available and is not defamatory, does not infringe any law and indemnify MyFlair against all legal fees, damages and other expenses that may be incurred by MyFlair as a result of your breach of the above warranty.

Sales and Returns

20. You must pay for items purchased by you, unless the seller has made a clear typographical error or you cannot authenticate the seller’s identity. You and you alone are liable for paying the seller if you commit to buy an item.

21. You must post to the buyer, items purchased from you, after receipt of payment in the time frame specified in the listing, unless you cannot authenticate the buyer’s identity in which case you must notify MyFlair staff help@myflair.uk

22. You must be able to form a legally binding contract of sale to be a member of MyFlair. This restricts membership to those of 18 years of age or over unless you have the explicit permission of your parent or guardian who must supervise [and be ultimately responsible for] the account.

Data and Privacy

23. You must not collect information about users, including email addresses, without their express consent.

24. You must not hold multiple accounts in order to sell the same goods as this constitutes ‘spam’ and unfair manipulation of the MyFlair service.

25. You must not solicit for new business on MyFlair or use MyFlair.uk to send unsolicited communications except to ask or inform others about MyFlair business (items, postage etc.). Any such action will result in your account being deleted and possible action taken with your company or ISP (internet service provider).

26. You must agree to the terms of MyFlair’s Privacy Policy.

Changes to the Service

27. MyFlair retains the right to terminate or change the service for any reason at any time without notice.

28. MyFlair retains the right to modify the Terms of Use at any time. MyFlair will inform registered users by email of any changes to the Terms of Use.

29. MyFlair retains the right to refuse service to anyone at any time and to terminate accounts if in breach of the Terms of Use.

Marketing and Linking

30. You shall only link out from MyFlair to your own shop to allow click and collect.

30.1 You shall not link out from MyFlair to any other online selling platform.

30.2 You shall not name your store as a link to any other store or selling platforms.

30.3 MyFlair is to be primarily used as a platform for selling and not as a lead generator / marketing platform for your own site or other services and platforms.

Fees

31. You agree to pay the fees set out in our Fees Policy

Policies

32. The Terms of Use covers acceptance of the following discrete policies:

If you break the above Terms and the policies covered by this document, then your account will be suspended and possibly terminated. MyFlair seeks to promote legal activity and well-behaved conduct on its site however, you understand and agree in using the site that MyFlair is a ‘place’ and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use the MyFlair service at your own risk.