Definitions and Notification of Changes
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.
1.3. These terms shall be governed by and interpreted in accordance with the law of England and Wales.
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.
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;
13.8 Found or stolen items;
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.
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 firstname.lastname@example.org
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).
Changes to the Service
27. MyFlair retains the right to terminate or change the service for any reason at any time without notice.
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.
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.