Terms and Conditions
Welcome to Filly Commerce. Filly Commerce Services LLC provides website features and other products and services to you when you visit or shop at Filly Commerce, use Filly Commerce products or services, use Filly Commerce applications for mobile, or use software provided by Filly Commerce in connection with any of the foregoing (collectively, "Filly Commerce Services"). By using the Filly Commerce Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
Please read these conditions carefully.
We offer a wide range of Filly Commerce Services, and sometimes additional terms may apply. When you use an Filly Commerce Service (for example, Your Profile, Gift Cards, Filly Commerce Video, Your Media Library, Filly Commerce devices, or Filly Commerce applications) you also will be subject to the guidelines, terms and agreements applicable to that Filly Commerce Service ("Service Terms"). If these Terms and Conditions are inconsistent with the Service Terms, those Service Terms will control.
When you use Filly Commerce Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Filly Commerce Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Filly Commerce Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Filly Commerce or its content suppliers and protected by United States and international copyright laws.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions and any Service Terms, and your payment of any applicable fees, Filly Commerce or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Filly Commerce Services. This license does not include any resale or commercial use of any Filly Commerce Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Filly Commerce Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions or any Service Terms are reserved and retained by Filly Commerce or its licensors, suppliers, publishers, rightsholders, or other content providers. No Filly Commerce Service, nor any part of any Filly Commerce Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Filly Commerce. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Filly Commerce without express written consent. You may not use any meta tags or any other "hidden text" utilizing Filly Commerce's name or trademarks without the express written consent of Filly Commerce. You may not misuse the Filly Commerce Services. You may use the Filly Commerce Services only as permitted by law. The licenses granted by Filly Commerce terminate if you do not comply with these Terms and Conditions or any Service Terms.
You may need your own Filly Commerce account to use certain Filly Commerce Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Filly Commerce does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Filly Commerce Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Filly Commerce Household. Filly Commerce reserves the right to refuse service, terminate accounts, terminate your rights to use Filly Commerce Services, remove or edit content, or cancel orders in its sole discretion.
Terms and conditions of sale
You acknowledge and agree that: The marketplace provides an online location for sellers to sell and buyers to purchase products; We shall accept binding sales on behalf of sellers but (unless Filly Commerce is indicated as the seller) Filly Commerce is not a party to the transaction between the seller and the buyer; and A contract for the sale and purchase of a product or products will come into force between the buyer and seller and accordingly you commit to buying or selling the relevant product or products upon the buyer’s confirmation of purchase via the marketplace. Subject to these general terms and conditions the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller: The price for a product will be as stated in the relevant product listing; The price for the product must include all taxes and comply with applicable laws in force from time to time; Delivery charges packaging charges handling charges administrative charges insurance costs other ancillary costs and charges where applicable will only be payable by the buyer if this is expressly and clearly stated in the product listing; and delivery of digital products may be made electronically; Products must be of satisfactory quality fit and safe for any purpose specified in and conform in all material respects to the product listing and any other description of the products supplied or made available by the seller to the buyer; and In respect of physical products sold the seller warrants that the seller has good title to and is the sole legal and beneficial owner of the products and/or has the right to supply the products pursuant to this agreement and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal insolvency or tax investigation or proceedings; and in respect of digital products the seller warrants that the seller has the right to supply the digital products to the buyer.
Returns and refunds
Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace as may be amended from time to time. Acceptance of returns shall be in our discretion subject to compliance with applicable laws of the territory. Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace as may be amended from time to time. Our rules on refunds shall be exercised in our discretion subject to applicable laws of the territory. We may offer refunds in our discretion: In respect of the product price; local and/or international shipping fees (as stated on the refunds page); andby way of store credits vouchers mobile money transfer bank transfers or such other methods as we may determine from time to time. Returned products shall be accepted and refunds issued by Filly Commerce acting for and on behalf of the seller. Notwithstanding in respect of digital products or services and fresh food Filly Commerce shall issue refunds in respect of failures in delivery only. Refunds of payment for such products for any other reasons shall be subject to the seller’s terms and conditions of sale. Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.
You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.
Rules about your content
In these general terms and conditions your content means: All works and materials (including without limitation text graphics images audio material video material audio-visual material scripts software and files) that you submit to us or our marketplace for storage or publication processing by or onward transmission; and all communications on the marketplace including product reviews feedback and comments. Your content and the use of your content by us in accordance with these general terms and conditions must be accurate complete and truthful. Your content must be appropriate civil and tasteful and accord with generally accepted standards of etiquette and behaviour on the internet and must not: be offensive obscene indecent pornographic lewd suggestive or sexually explicit; depict violence in an explicit graphic or gratuitous manner; or be blasphemous in breach of racial or religious hatred or discrimination legislation; be deceptive fraudulent threatening abusive harassing anti-social menacing hateful discriminatory or inflammatory; cause annoyance inconvenience or needless anxiety to any person; or constitute spam. Your content must not be illegal or unlawful infringe any person's legal rights or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach: any copyright moral right database right trademark right design right right in passing off or other intellectual property right; any right of confidence right of privacy or right under data protection legislation; any contractual obligation owed to any person; or any court order. You must not use our marketplace to link to any website or web page consisting of or containing material that would were it posted on our marketplace breach the provisions of these general terms and conditions. You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. The review function on the marketplace may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate inauthentic or fake reviews. You must not interfere with a transaction by contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or communicating with a user involved in an active or completed transaction to warn them away from a particular buyer seller or item; or contacting another user with the intent to collect any payments. You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details. We may periodically review your content and we reserve the right to remove any content at our discretion for any reason whatsoever. If you learn of any unlawful material or activity on our marketplace or any material or activity that breaches these general terms and conditions you may inform us by contacting us as provided at section
Our rights to use your content
You grant to us a worldwide irrevocable non-exclusive royalty-free license to use reproduce store adapt publish translate and distribute your content on our marketplace and across our marketing channels and any existing or future media. You grant to us the right to sub-license the rights. You grant to us the right to bring an action for infringement of the rights. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. Without prejudice to our other rights under these general terms and conditions if you breach our rules on content in any way or if we reasonably suspect that you have breached our rules on content we may delete unpublish or edit any or all of your content.
Membership on Filly Commerce is free. Filly Commerce does not charge any fee for browsing and buying on Filly Commerce. However, Filly Commerce reserves the right to charge a fee and change its policies from time to time. In particular, Filly Commerce may at its sole discretion introduce new services and modify some or all of the existing services offered on Filly Commerce. In such an event Filly Commerce reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Filly Commerce.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Filly Commerce reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Filly Commerce a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Filly Commerce and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Filly Commerce for all claims resulting from content you supply. Filly Commerce has the right but not the obligation to monitor and edit or remove any activity or content. Filly Commerce takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from Filly Commerce are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Filly Commerce attempts to be as accurate as possible. However, Filly Commerce does not warrant that product descriptions or other content of any Filly Commerce Service is accurate, complete, reliable, current, or error-free. If a product offered by Filly Commerce itself is not as described, your sole remedy is to return it in unused condition.
Breaches of these terms and conditions
If we permit the registration of an account on our marketplace it will remain open indefinitely subject to these general terms and conditions. If you breach these general terms and conditions or if we reasonably suspect that you have breached these general terms and conditions or any Filly Commerce codes policies or guidelines in any way we may: temporarily suspend your access to our marketplace; permanently prohibit you from accessing our marketplace; block computers using your IP address from accessing our marketplace; contact any or all of your internet service providers and request that they block your access to our marketplace; suspend or delete your account on our marketplace; and/or commence legal action against you whether for breach of contract or otherwise. Where we suspend prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
These terms and conditions and the Filly Commerce policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.