Why do we use it?
Accepting These Terms
The Terms are a legally binding contract between you and Shop Fantastic Online Limited. The contract is between you and Shop Fantastic Online Limited. We’ll refer to Shop Fantastic Online Limited as “Shop Fantastic”.
By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in representative actions.
This contract sets out your rights and responsibilities when you use Shop- Fantastic.com. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
Those Other Documents We Mentioned
Shop Fantastic’s Services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here.
Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.
Our House Rules for Third Parties. These policies apply to intellectual property owners, Shop Fantastic API users, affiliates, and anyone requesting information from Shop Fantastic.
Search and Advertising Ranking Disclosures. This is a concise summary of how Shop Fantastic organises search results and advertising results that could include Your Content.
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!
Both Shop Fantastic and sellers process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Shop Fantastic, will be responsible for that unauthorised disclosure.
If, however, Shop Fantastic and sellers are found to be joint data controllers of buyers’ personal information, and if Shop Fantastic is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Shop Fantastic for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Shop Fantastic.
Your Account with Shop Fantastic
You’ll need to create an account with Shop Fantastic to use some of our Services. Here are a few rules about accounts with Shop Fantastic:
You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Shop Fantastic or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online.
Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Shop Fantastic.
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your Content. By posting Your Content through our Services, you grant Shop Fantastic a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Shop Fantastic function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Shop Fantastic may offer you or Shop Fantastic buyers promotions on the Site, from time to time, that may relate to your listing
Rights You Grant Shop Fantastic. (Here’s the legalese version of the last section). By posting Your Content, you grant Shop Fantastic a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Shop Fantastic, your Shop Fantastic shop, or the Services in general, in any formats and through any channels, including across any Shop Fantastic Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
That sounds like a lot, but it’s necessary for us to keep Shop Fantastic going. Consider these examples: if you upload a photo or video of a listing on your Shop Fantastic shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it – often along with your shop name and shop picture – on our homepage, in one of our blogs or even on a billboard to help promote your business and Shop Fantastic’s.
Reporting Unauthorised Content. Shop Fantastic has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Shop Fantastic’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Shop Fantastic, another Shop Fantastic user, or a third party.
Pay Your Bills. You are responsible for paying all fees that you owe to Shop Fantastic. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, Shop Fantastic will calculate, collect and remit value-added tax or VAT and sales tax. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT”. Please see this FAQand our Fees & Payments Policyfor more information on taxes, including details on the taxes Shop Fantastic collects and remits from the buyers. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees& Payments Policy.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
Follow Our Trademark Policy. The name “Shop Fantastic” and the other Shop Fantastic marks, phrases, logos, and designs that we use in connection with our Services (the Shop Fantastic Trademarks), are trademarks, service marks, or trade dress of Shop Fantastic in the US and other countries. If you’d like to use our trademarks, you agree to follow our Trademark Policy.
Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to Shop Fantastic (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Talk to Us Online. From time to time, Shop Fantastic will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Termination By You. We’d hate to see you go, but you may terminate your account with Shop Fantastic at any time from your account settings. You can find more information in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.
Termination By Shop Fantastic. We may terminate or suspend your account (and any accounts Shop Fantastic determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Shop Fantastic will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Shop Fantastic terminate your account, you may lose any information associated with your account, including Your Content.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. You understand that Shop Fantastic does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Shop Fantastic cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Shop Fantastic from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Shop Fantastic is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings.
Gift Cards and Promotions. You acknowledge that Shop Fantastic does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties. Shop Fantastic Is Dedicated To Making Our Services The Best They Can Be, But We’re Not Perfect
And Sometimes Things Can Go Wrong. You Understand That Our Services Are Provided “As Is” And Without Any
Kind Of Warranty (Express Or Implied). We Are Expressly Disclaiming Any Warranties Of Title, Non-Infringement,
Merchantability, And Fitness For A Particular Purpose, As Well As Any Warranties Implied By A Course Of Performance,
Course Of Dealing, Or Usage Of Trade.
We Do Not Guarantee That: (I) The Services Will Be Secure Or Available At Any Particular Time Or Location;
(Ii) Any Defects Or Errors Will Be Corrected; (Iii) The Services Will Be Free Of Viruses Or Other Harmful Materials;
(Iv) The Results Of Using The Services Will Meet Your Expectations. You Use The Services Solely At Your Own Risk
Some Jurisdictions Do Not Allow Limitations On Implied Warranties, So The Above Limitations May Not Apply To You.
Liability Limits. To The Fullest Extent Permitted By Law, Neither Shop Fantastic, Nor Our Employees Or Directors Shall
Be Liable To You For Any Lost Profits Or Revenues, Or For Any Consequential, Incidental, Indirect, Special, Or Punitive
Damages Arising Out Of Or In Connection With The Services Or These Terms. In No Event Shall Shop Fantastic’s Aggregate
Liability For Any Damages Exceed The Greater Of One Hundred £100) Sterling (Gbp) Or The Amount You Paid Shop Fantastic
In The Past Twelve Months. Some Jurisdictions Do Not Allow Limitations On Incidental Or Consequential Damages,
So The Above Limitations May Not Apply To You.
Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Shop Fantastic gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Shop Fantastic (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defence, however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users
If you find yourself in a dispute with another user of Shop Fantastic’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Shop Fantastic will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgements regarding legal issues or claims. Shop Fantastic has no obligation to resolve any disputes.
Release of Shop Fantastic. You release Shop Fantastic Online Ltd from any claims, demands, and damages arising out of disputes with other users or parties.