Terms & Conditions

Terms & Conditions for use of this website

USER AGREEMENT
The following Terms & Conditions apply to users who register on MyFashionFair.com
The following describes the terms on which MyFashionFair.com offers you access to our services.

Introduction

Welcome to MyFashionFair.com. These terms and conditions apply to the services available from the domain and sub-domains of MyFashionFair.com.
Before you may become a member of MyFashionFair.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement. By accepting this User Agreement, you also agree that your use of some MyFashionFair.com-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you and MyFashionFair.com.
This Agreement is effective from 13th January 2009, for current users, and upon acceptance for new users.
Using MyFashionFair.com
You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your MyFashionFair.com membership has been suspended.
While using MyFashionFair.com, you will not:

* Post, list or upload content or items in an inappropriate category or areas on our sites;
* breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
* breach our policies including, without limitation, the Prohibited and Restricted Items policies and the other policies linked to from the Additional Terms section below;
* fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
* fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
* manipulate the price of any item or interfere with other user's listings;
* circumvent or manipulate our fee structure, the billing process, or fees owed to MyFashionFair.com;
* post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
* take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-MyFashionFair.com sites or for using it for purposes unrelated to MyFashionFair.com);
* transfer your MyFashionFair.com account (including feedback) and User ID to another party without our consent;
* distribute or post spam, chain letters, or pyramid schemes;
* distribute viruses or any other technologies that may harm MyFashionFair.com, or the interests or property of MyFashionFair.com users;
* copy, modify, or distribute content from our sites and MyFashionFair.com's copyrights and trademarks; or
* harvest or otherwise collect information about users, including email addresses, without their consent.

If you are registering with MyFashionFair.com as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on MyFashionFair.com, you must comply with all applicable laws relating to online trading (please see Business Selling Explained for more information).
We will commence supplying our services to you as soon as you accept this Agreement. Unless you and MyFashionFair.com agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.

Abusing MyFashionFair.com
MyFashionFair.com and the MyFashionFair.com community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content, and policy breaches to us.
MyFashionFair.com's works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been infringed, please notify us on info@myfashionfair.com and we will investigate.

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, and take technical and legal steps to keep you off our sites if:
* we think that you are creating problems (including, without limitation, by harassing MyFashionFair.com staff or other users) or exposing us or another MyFashionFair.com user to financial loss or legal liabilities;
* we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies;
* despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
* you earn a net feedback rating of -4.
We also reserve the right to cancel unconfirmed accounts, or accounts that have been inactive for a long time.
You agree not to hold MyFashionFair.com responsible for any loss you may incur as a result of MyFashionFair.com taking any of the actions described above.

No Spam
We do not tolerate spam (unsolicited commercial communications). Please set your MyFashionFair.com notification preferences so we communicate to you as you prefer. You may not add other MyFashionFair.com users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.

You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered MyFashionFair.com email address belonging to an MyFashionFair.com member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
To report spam from other MyFashionFair.com users, please contact MyFashionFair.com Customer Support on info@myfashionfair.com.
Using Information About Other MyFashionFair.com Users

MyFashionFair.com enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must comply with data protection laws and give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

* MyFashionFair.com-transaction-related purposes that are not unsolicited commercial communications
* using services offered through MyFashionFair.com; and
* other purposes that a user expressly agrees to.

Fees
Joining MyFashionFair.com and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees policy, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice of them by email, by posting the changes on the MyFashionFair.com site or via “My Messages”. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on our sites.
Unless otherwise stated, all fees are quoted in Euros. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel, and for accounts over 180 days overdue, deducting the amount owed from your PayPal account balance.) You agree that we may issue you with invoices in electronic format by email.
Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date. If you choose to include catalogue content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalogue providers responsible for inaccuracies in their catalogues. The catalogues may include copyrighted, trademarked or other proprietary materials. You may use the catalogues only for informational purposes and only in connection with your MyFashionFair.com listings. You may not use catalogue content in a way that infringes or breaches anyone’s proprietary rights.

Liability
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will not hold MyFashionFair.com responsible for any loss you may incur as a result of MyFashionFair.com taking any of the actions described in the Abusing MyFashionFair.com section above nor for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, our sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats.
At no point do we have possession of anything listed or sold through MyFashionFair.com. We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. MyFashionFair.com cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) €100.

Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference
Our sites contain robot exclusion headers. Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed to MyFashionFair.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express written permission.
Additionally, you agree that you will not:
* take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
* copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of MyFashionFair.com and the appropriate third party, as applicable;
* interfere or attempt to interfere with the proper working of our sites or any activities conducted on our sites; or
* bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the MyFashionFair.com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the MyFashionFair.com Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Compensation
You agree that you will only use our sites and services in accordance with the terms and conditions set out in this Agreement. You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices
Except as explicitly stated otherwise, legal notices shall be served by registered mail to Bogaba Ltd, t/a MyFashionFair.com, Reg Address: Garden Level, 106 Upper Leeson Street, Dublin 4. We shall send notices to you by email to the email address you provide to MyFashionFair.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
Third Party Rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but thjs does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Resolution of Disputes
If a dispute arises between you and MyFashionFair.com, we strongly encourage you to first contact us directly to seek a resolution by e-mailing us at info@myfashionfair.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement shall be governed and construed in all respects by the laws of Ireland. You and MyFashionFair.com both agree to submit to the exclusive jurisdiction of the Irish Courts.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
In our sole discretion, we may assign this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by email, via “My Messages” or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Compensation and Resolution of Disputes.

If you have any questions about this User Agreement, please refer to the Frequently Asked Questions about the User Agreement. If that document does

If you have any questions about this User Agreement, please contact us by e-mail on info@myfashionfair.com