See also: EU Online Dispute Resolution 


Updated: 7 November 2016

These Terms and Conditions (also known as the “Terms”) refer to the fafinder website (the “Website”), app (the “App”), and any other products and services (collectively known as the “Service”, or “fafinder” or “frockadvisor” and previously known as “frockadvisor”) operated by frockadvisor Limited. By accessing or using any or all parts of the Service or clicking to purchase an item through the Service, you agree to be bound by these Terms as well as our Privacy Statement and Cookie Policy. We recommend that you read these documents carefully. If you do not agree, you must stop using the Service immediately. If you are a retailer, please see our Retail Terms and Conditions.

More simply put: 

By using fafinder, you’re agreeing to follow our rules, so read them carefully!

1. Accepting the Terms
  1. In order to use the Service, either as a guest or a registered user, you must agree to the Terms. You may not use the Service if you do not accept the Terms.
  2. You can accept the Terms by simply using the Service, e.g. by accessing the Website or using the fafinder App. We recommend that you print or save a copy for future reference.
  3. You may not use the Service and may not accept the Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service. This includes laws restricting the use of such Services by persons under a certain age.  You must be over 18 and resident in the UK or Ireland to purchase items through the Service.
  4. The Terms apply to all consumer users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.

More simply put: 

You shouldn’t use fafinder if you don’t agree to our Terms, or if laws in your country prohibit you from using our Service. To purchase items through the Service you must be over 18 and resident in the UK or Ireland.

2. Changes to the Terms
  1. fafinder reserves the right to make changes to the Terms where necessary, for example to address changes to the law or regulatory changes, or changes to functionality offered through the Service. You must look at the Terms regularly to check for such changes.
  2. The modified version of the Terms (the “Modified Terms”) will be posted on the fafinder Website and/or made otherwise available within the Service. If you do not agree to the Modified Terms you must stop using the Service.
  3. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.

More simply put: 

Sometimes we need to update our Terms. If we do, we’ll update this page.

3. Accessing our Service
  1. Our Service is made available free of charge.
  2. We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. Access to our Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period.
4. fafinder accounts
  1. In order to access some features of the Service, you will need to create a fafinder account (previously known as a “frockadvisor account”).
  2. If you register for an account with our Service, we will provide you with a username based on the email or social media account name you use to sign up to our Service.  If you wish you may change this username you may currently change this after signup. In the near future, you will be able to choose your username at signup. If you sign up using an email address, you will also be asked to choose a password.
  3. Your username must not be liable to mislead and must comply with our content rules; you must not use your account or username for or in connection with the impersonation of any person.
  4. You must keep your fafinder account password secure and confidential. Do not share your password or allow others to access your fafinder account.
  5. You agree that you will be solely responsible for all activity that occurs under your fafinder account.
  6. If you wish to use fafinder for commercial purposes, including for the sale or re-sale of handmade or pre-owned items, you must create a retailer account (you can apply to do so at http://www.fafinder.com/retailers) and agree to our Retailer Terms. fafinder reserves the right to suspend any accounts it deems to be in violation of this rule.
  7. By creating a consumer fafinder account, you agree not to engage in any commercial activity on the Service.
  8. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
  9. If you know or suspect that anyone other than you knows your login and password, you must promptly notify us at support@fafinder.com.
  10. You may cancel your account on our Service through your account settings.

More simply put: 

If you have an account with us, it’s up to you to keep it updated and secure and your username must not violate our content rules or mislead. Also, if you want to sell stuff on fafinder, you’ll need a retailer account.

5. Purchasing items through fafinder
  1. When you purchase items though the fafinder shop platform, the contract relating to that sale is between you and the retailer. You do not buy items from fafinder.
  2. If you have any queries with respect to your purchase, please contact the retailer directly.
Disclaimer
  1. The Website, App and fafinder shop platform are intended to facilitate the connection of retailers with customers like you to source fashion items directly from each other. fafinder cannot and does not control the content contained in any listings and the condition, legality and suitability of the items purchased. fafinder is not responsible for and disclaims any an all liability related to any and all listings and items purchased.
Purchasing
  1. In buying an item listed on the fafinder shop platform you confirm that
    1. You have read the item description
    2. You have submitted payment to fafinder; and
    3. You have provided accurate and honest shipping information to the retailer.
Shipping
  1. Items will be delivered within 5 working days of the retailer’s confirmation of your order. As the fafinder platform shops are generally small boutiques, your order may not be confirmed immediately and it may take up to 2 to 3 days for a shop to confirm your order. Retailers are requested to let you know before confirming the order where they will not be able to deliver the items to you within 5 working days of order confirmation. This is so you can discuss whether the timeframe is suitable for your requirements and if you wish to proceed with the purchase. You may cancel the order at any time up to the retailer’s order confirmation without incurring any charges.
If something is wrong with a purchased Item
  1. If something if wrong with a purchased item, for example, that the item is not as described or is faulty then you should contact the relevant retailer directly as soon as possible.
  2. Refunds will be processed in accordance with our Shop Refunds Policy
Purchases and termination
  1. Unconfirmed orders will be cancelled upon termination of these Terms
  2. Where you have been charged but the order has not shipped, termination of these Terms may be postponed pending satisfaction of the order.

More simply put: 

When you purchase items on fafinder, you are contracting directly with the retailer and not fafinder. We are not responsible for the content of the listing or the fulfilment of your order. Please contact the retailer directly if you have a query or complaint.

6. Prohibited uses
  1. You may use our Service only for lawful purposes. You may not use our Service:
  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • To copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of fafinder or the respective licensors of the Content.
  1. You also agree:
  • Not to reproduce, duplicate, copy or re-sell any part of our Service other than when expressly permitted to do so by us in writing.
  • Not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
  • Not to use the Service for any of the following commercial uses unless you obtain fafinder’s prior written approval:
    • the sale of access to the Service;
    • the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
    • the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from fafinder appears on the same page and is of sufficient value to be the basis for such sales.
  • Not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the fafinder servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
  • Not to collect or harvest any personal data of any user of the Service (and agree that this shall be deemed to include usernames);
  • Not to use the Service (including comments and features) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  • Not to solicit, for commercial purposes, any users of the Service with respect to their Content;
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Service;
    • any equipment or network on which our Service is stored;
    • any software used in the provision of our Service; or
    • any equipment or network or software owned or used by any third party.

More simply put: 

You cannot use our Service for illegal purposes or try to damage our Service.

7. Interactive features
  1. Registered users will have access to such additional features on our Service as we may from time to time determine, which may include the facility to post and publish text and media on the Service (i.e. fotocons) (interactive features).
  2. You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the Service, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
  3. You agree to the publication of posts relating to you, by others, on our Service; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.
  4. We are under no obligation to oversee, monitor or moderate any interactive feature we provide on our Service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive feature by a user in contravention of our content standards, whether the service is moderated or not.
  5. Where we do moderate an interactive feature, we may provide you with a means of contacting the moderator, should a concern or difficulty arise.
  6. It is a feature of the Service that you may be contacted by retailers via the Service. In registering to use this Service you acknowledge that you have consented to such contact by retailers.

More simply put: 

We are not responsible for content posted by other users or for content posted by you which breaches our content rules. Sometimes we moderate content. We are not obliged to moderate content.

8. Content standards These content standards apply to any and all material which you contribute to our Service (contributions), and to any interactive features associated with it.
  1. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
  2. Contributions must:
  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in Ireland and in any country from which they are posted.
  1. Contributions must not:
  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or membership of the travelling community.
  • Infringe any copyright, database right or trademark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  1. Where you upload a picture of an identifiable third party or third parties to the Service, you must ask that person or those persons for their permission to post the photo.
  2. fafinder, in our discretion, will remove any content we deem to be inappropriate such as sexual content, hate speech or spam. In addition, abusive or threatening behaviour will not be tolerated. Repeated abuse of the platform by a user or violation of our content rules may result in a warning or their account being suspended without notice or explanation.
  3. Users can report content they find inappropriate by using the built-in reporting functionality and/or by contacting fafinder by email. Reporting content on fafinder does not guarantee it will be removed, but we will endeavour to inform users who report content of our decision where possible.
  4. fafinder respects copyright and other intellectual property rights. Content which is determined to be infringing or violating such rights will be removed in accordance with applicable laws. Repeat infringement of intellectual property rights may result in account suspension. Claims of alleged intellectual property infringement should be submitted by contacting support@fafinder.com.
  5. Failure to comply with our terms on acceptable use constitutes a material breach of these terms of use, and may result in our taking all or any of the following actions:
  • Immediate, temporary or permanent withdrawal of your right to use our Service.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of our content standards. The responses described here are not limited, and we may take any other action we reasonably deem appropriate.

More simply put: 

Abusive or illegal content isn’t allowed, and we’ll remove anything we think shouldn’t be on fafinder. Ask a person’s permission if you are going to post their photo to the Service.

9. Intellectual property rights
  1. We are the owner or the licensee of all intellectual property rights in our Service, and in the material and Content published on it by us (editorial content). Copyright laws and treaties around the world protect those works. All such rights are reserved.
  2. You may print off one copy, and may download extracts, of any page(s) from our Service for your personal use and you may draw the attention of others to content posted on our Service.
  3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  4. Our status (and that of any identified contributors) as the authors of the editorial content on our Service must always be acknowledged.
  5. You must not use any part of the editorial content on our Service for commercial purposes without obtaining a licence to do so from us or our licensors.
  6. If you print off, copy or download any part of our Service in breach of these terms of use, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

More simply put: 

We own or are the licensee of the editorial content we post to fafinder. Your use of this editorial content is restricted.

10. Uploading content to our Service
  1. Whenever you make use of a feature that allows you to upload Content to our Service, such as photos and comments, or to make contact with other users of our Service (user-generated content), you must comply with the content standards above.
  2. You warrant that any such user-generated content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  3. Any user-generated content you upload to our Service will be considered non-confidential and non-proprietary. You allow us to access and use any user-generated content you post in order to operate the Service, for example in order to display your fotocons to your followers or third parties. You retain all of your ownership rights in your user-generated content, but you are required to grant us and other users of the Service a limited licence to use, store and copy that user-generated content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
  4. We also have the right to disclose your identity to any third party who is claiming that any user-generated content posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.
  5. We will not be responsible, or liable to any third party, for the content or accuracy of any user-generated content posted by you or any other user of our Service.
  6. We have the right to remove any posting you make on our Service if, in our opinion, your post does not comply with the content standards set out above.
  7. The views expressed by other users on our Service do not represent our views or values.
  8. You are solely responsible for securing and backing up your user-generated content.

More simply put: 

You own the user generated content you post to fafinder and you are responsible for it. You allow us to show it to other people.

11. Rights you licence
  1. When you upload or post user-generated content to our Service, you grant the following licenses:
  • To fafinder: A perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform that user-generated content in connection with the Service and across different media. We may use the user-generated content to promote the Service. We may also sub-licence the user-generated content and we have the right to take action for infringement of our rights under this clause.
  • To Third parties: A licence to use the user-generated content for their purposes in accordance with the functionality of the Service. This licence expires when the relevant user deletes the user-generated content from the Service.

More simply put: 

You grant fafinder a full licence to use the user-generated content you upload onto the Service. Third parties can use the user-generated content you upload as permitted by the Service for as long as it is available on the Service.

12. No reliance on information
  1. The content on our Service is provided for general information only. It is not intended to amount to advice on which you should rely.
  2. Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service is accurate, complete or up-to-date.

More simply put: 

We don’t keep all parts of our Service up to date so please don’t rely on it.

13. Security
  1. fafinder endeavours to operate a safe, secure platform and implements appropriate security measures as much as possible. However, fafinder cannot guarantee that the security of the Service will not be compromised, for example by malicious third parties. In the event that user data or security is affected by a security breach, we will inform users and implement any additional safeguards we deem necessary.
  2. fafinder cannot be held responsible for any malicious activity caused to your account or device as a result of accessing third party links via the fafinder Service, such as links posted by other users. If you suspect any unauthorized use of your account, or have any security concerns about content within the Service, you should contact fafinder immediately.

More simply put: 

We work hard to protect our users, but sometimes bad things happen that are out of our control. If you’re concerned about anything, let us know right away. You shouldn’t do anything bad to our Service or users.

14. Limitation of our liability
  1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.
  2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Service or any content on it, whether express or implied.
  3. The Service is provided ‘as-is’. We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. Access to our Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period.
  4. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our Service; or
  • use of or reliance on any content displayed on our Service.
  • If you are a business user, please note that in particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
  1. If you are a consumer user, please note that we only provide our Service for domestic and private use. You agree not to use our Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  2. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or to your downloading of any content on it, or on any website linked to it.
  3. If we are held liable for any reason under these Terms or in relation to the Service, in no event will our liability to you exceed €25.

More simply put: 

We provide this service as-is. We don’t exclude liability for anything for which, by law, we are not permitted to exclude.

15. Linking to our Website
  1. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  3. Our Website must not be framed on any other site.
  4. We reserve the right to withdraw linking permission without notice.
  5. The website in which you are linking must comply in all respects with the content standards set out above.
  6. If you wish to make any use of content on our Website or Service other than that set out above, please contact support@fafinder.com.

More simply put: 

Linking to our Website is permitted so long as you act fairly and don’t try and exploit our Website or pass content off as your own.

16. Third party links and resources on our Service
  1. Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only.
  2. We have no control over the contents of those sites or resources.
17. Breaches of these terms and conditions
  1. Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
  • send you one or more formal warnings;
  • temporarily suspend your access to our Service;
  • permanently prohibit you from accessing our Service;
  • block computers using your IP address from accessing our Service;
  • contact any or all of your internet service providers and request that they block your access to our Service;
  • commence legal action against you, whether for breach of contract or otherwise; and/or
  • suspend or delete your account on our Service.
  1. Where we suspend or prohibit or block your access to our Service or a part of our Service, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18. Competitions
  1. From time to time we may run competitions, free prize draws and/or other promotions on our Service.
  2. Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
19. Assignment, severability
  1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
  2. You hereby agree that you shall not assign, delegate or otherwise deal with all or any of your rights and obligations under these Terms without our prior written consent.
  3. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
  4. If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. No Waiver
  1. Failure by us to exercise and enforce any rights conferred by these Terms shall not be deemed to be  a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or any right on any later occasion.
21. Entire agreement
  1. These Terms, together with our Privacy Statement and Cookie Policy, and any other terms and conditions of use notified to you, accepted by you, or to which you are bound by the use of any of our services, and the terms of any licences granted to you constitute the entire agreement between you and us in relation to your use of our Service.
22. Applicable law
  1. Please note that these terms of use, its subject matter and its formation, are governed by Irish law. You and we both agree to that the courts of Ireland will have non-exclusive jurisdiction.
  2. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.
23. Trade marks
  1. “frockadvisor” and “fotocon” are Irish registered trademarks of frockadvisor Limited.
24. Contact us
  1. To contact us, please email support@fafinder.com.
  2. www.fafinder.com is a Website operated by frockadvisor Limited (we or us).  We are registered in Ireland under company number 531880 and we have our registered office at St. Gall’s House, St. Gall Gardens South, Milltown, Dublin 14, Ireland. Our main trading address is Unit 7, 34 Ushers Quay, Dublin 8. Our VAT number is 3208343SH.
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