Terms & Conditions
1. These Terms of Service apply to the online platform FTC Collective (“Website”) referred to as the “Platform”.
This Platform is owned and operated by For The Creators Limited, a company established in England (company number 12914205) with its registered offices at 17 Cheriton Road, Winchester, SO22 5EQ. FTC Collective is a trading name of For The Creators Limited.
We operate a peer-to-peer marketplace which allows you to become a “Buyer” or a “Seller” of women's clothing, shoes or accessories using our Platform. You must do this via the creation of an “Account” and by becoming a “User”
Platform Usage. Our Platform acts as an intermediary between Buyers and Sellers. We are fully responsible for the Platform we provide, within the limits of its commitments and under the conditions provided in these Terms. We charge a 15% fee to Sellers for use of the Platform and a 20% fee to sellers for use of the Platform via a managed service across all transactions.
2. Selling items on the platform.
Only items that meet all of the following criteria may be listed on the platform.
- The Seller must have the right to transfer ownership of the item.
- The sale, use or possession of the Item must not violate the rights of any third party (including any intellectual property rights) and must not violate any local, national or international applicable law or regulation. The Item must be safe and cannot be counterfeit.
- The Seller can sell their items through our Platform by publishing photographs of the Item they want to sell. When a User of the Platform purchases such Item, they become a Buyer. The Seller who has listed the Item may withdraw it or amend the price at any time before this point.
- The Seller must complete the listing form, which includes selecting a category and brand that most accurately represents the Item and uploading at least one good quality photograph. The description and photographs of the Item must reflect the actual quality and appearance of the Item, as well as any faults, defects or alterations affecting the Item.
- When a Seller lists an Item in the Catalogue and the listing is published on the Platform, this constitutes an offer for sale of the relevant Item by the Seller, which may be accepted by a Buyer.
- In order to list an item for sale on the Platform, you must use our third party payment processor Stripe, and register for a Stripe Connect account which will be linked to your FTC Collective Account. You will be subject to the Stripe Connected Account Agreement and the Stripe Services Agreement.
- Requesting, making or accepting payment for an item in any other way is a serious breach of the Terms of Service and may result in us suspending or terminating your access to the Platform.
- Once an Item has been purchased by a Buyer, the Seller enters into an agreement with us for the provision of the FTC Collective fee. The FTC Collective fee is added to every purchase made using the “Buy now” button on the Platform.
3.Buying Items from the Platform
Buyers can buy Items on the Platform by using the “Buy now” button Both the Buyer and the Seller acknowledge that completion of the Checkout process by the Buyer creates a legally binding agreement between the Buyer and the Seller based on (i) the description and photographs of the Item, (ii) the conditions agreed upon between the Buyer and Seller and (iii) the relevant conditions included in these Terms. The Buyer undertakes to pay for the Item and the Seller undertakes to transfer ownership of the Item. For the avoidance of doubt, For The Creators Collective is not a party to this agreement.
The Seller undertakes to send the item tracked in order to qualify for the Customer Protection Scheme.
Our 3rd party payment processor Stripe captures payments made using an Integrated Payment System and to store information relating to the credit cards, debit cards, and any other payment method offered on the Platform. In order to use the Integrated Payment System, the User will enter into a contract directly with Stripe, and the User will accept their terms and conditions. Users will be asked to confirm this during the Checkout process or if and when they choose to save their Payout details in their Account settings.
Payment of the Total Price can be made by credit or debit card or any other payment method that may be introduced on the Platform. If a credit or debit card, or other payment method that is suspected to belong to a third person is provided by a User on the Platform, the User may be required to provide additional proof that a credit or debit card or other payment method does belong to a User.
The Total Price is captured by Stripe, our payment service provider, once a Transaction is initiated and as soon as the Buyer authorises the payment by using the Buy now button. Stripe captures these funds from the Buyer on behalf of the Seller and holds those funds until the Transaction is deemed complete. We, For The Creators Collective, do not provide any payment processing services for Users. Users are solely responsible for the provision of accurate information associated with credit cards, debit cards, and any other payment method offered on the Platform and For The Creators Collective hereby disclaims any responsibility and all liability for User-provided information to the full extent permitted by applicable law.
The Shipping fees are set by the Seller and paid by the Buyer, in addition to the Item price. The applicable shipping fees will be clearly indicated to the Buyer before any purchase. They may vary from one order to the other, depending on factors such as parcel size, shipping provider and potential discounts.
4. Creating an account in order to access the functionalities of the Web Site.
5. Role and responsibility of FTC Collective as part of the use of the Web Site.
It is up to the Users to ensure that all their acts and all the User content that they put online on the Web Site comply with the legislation that is applicable to them. FTC Collective hereby disclaims liability for any damage or loss arising from any activity performed by the User on the Web Site, such as, but not limited to, any losses of data, any loss of a sale or purchase opportunity, any loss of earnings, of turnover, of business activity, of opportunities or of clients, any damage to the User’s reputation or interruptions of their activity, and any indirect loss or damage incurred by the User, or any impediment or delay in the performance of its obligations caused by any act or omission on the part of a User (or of any person acting for and on the User’s behalf) or arising from force majeure. FTC Collective shall not be liable for any content that is hosted on third party web sites that are accessible from the Web Site; these shall be the responsibility of the third party sites themselves. It is up to the Users who hold intellectual property rights over any content hosted on a third party web site and who did not authorise the use of their content, to contact the administrator of the third party web site involved directly and request that the contentious content be deleted from the web site in question. FTC Collective does not provide any warranty against losses or damage that may be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, malware or any other program designed to damage, destroy or degrade in any other way a functionality of a computer, or to impede the proper operation of the latter, including any transmission arising from the downloading of any content by a User, any software applications used by the latter to download the content of the Web Site or of the server that can be used to access same. In this respect, the Users acknowledge that it is their responsibility to install anti-virus software and appropriate security applications on their computer equipment and on any other system in order to protect them against any bug, virus or other such malicious program.
6.1. Creation of User Content The Users may create Product Pages (“Product Pages”) .
All of these elements created or posted by the Users shall be referred to as “User Content”. By uploading their Product Pages, the Users authorise FTC Collective and all its successors and assigns: - To affix, store, reproduce, disseminate and exploit any User Content, worldwide, and for the entire duration of the protection afforded to these elements, in all formats, by any means and on all media, such as on the Web Site and on its commercial documents and “Newsletters”; - To modify the presentation of the photographs of the Products, such as by resizing or cropping the photographs and removing the background of a Product so that it appears over a white background. FTC Collective respects the intellectual property rights of others and accordingly prohibits the Users of the Web Site from disseminating, downloading, putting online or otherwise transmitting any element that infringes the intellectual property rights of a third party. The Users undertake to guarantee FTC Collective and its senior officers, directors, servants, agents and suppliers against any claim, liability, damages, losses, costs and expenses, including the fees of lawyers and counsels up to a reasonable amount, that are incurred by FTC Collective as part of or in connection with any claim brought by a third party over an infringement or violation of intellectual property rights by a User. More broadly speaking, the Users guarantee FTC Collective against any claims raised by third parties in connection with the wording of their Product Pages and/or the description of the Products that they offer for sale on the Web Site.
6.2. No monitoring of the User Content by FTC Collective
6.3. Notification of illicit content or infringement of intellectual property rights.
If you think that any content and/or a Product Page contains a defamatory or illegal message or that your intellectual property rights have been infringed by an article or any information featuring on the Web Site, please notify this to FTC Collective by consulting the FAQ contact form available at https://faq.FTCcollective.com. It is the policy of FTC Collective to respond as soon as possible to claims about infringements of intellectual property rights and to take action in response to any notifications of clear infringements of intellectual property rights. Should you have any claim or complaint regarding infringements of intellectual property rights, please send it to firstname.lastname@example.org
7. Rights over a person’s image.
Upon creation of a Profile Data Sheet or a Product Page, Users may post photographs representing them. By accepting these General Terms and Conditions, the Users hereby authorise FTC Collective to use their image as part of the operation of the Web Site. This authorisation is granted for the entire period during which a User shall have an account and/or a Profile Data Sheet on the Web Site. The Users hereby guarantee that the photographs used as part of the creation of their Product Pages or of their Profile Data Sheet do not constitute an infringement of the image rights or the privacy of third parties.
8. Personal data
9. Intellectual property statement concerning the Web Site.
All of the content of the Web Site (texts, comments, illustrations and images, be they visual or audible) other than the User Content is protected by copyright, trademark and/or patent laws, for the world as a whole. Any total or partial reproduction of all or part of the Web Site is strictly prohibited and shall be considered as an infringement of the intellectual property rights of FTC Collective and/or of its licensors.
10. Rules of good conduct
Each User undertakes to use the Website (and each of its existing and future functionalities) in a reasonable manner, in good faith, and in accordance with the laws and regulations in force and with the terms hereof. In particular, the User undertakes not to use the Website in such a way as to infringe, in any way whatsoever, intellectual property rights (copyright, trademark law, design and model law, etc.), personal rights (image, respect, privacy, etc.), fundamental rights and freedoms. The User is warned that its behaviour on the Website may be held liable towards other Users and FTC Collective. FTC Collective is not responsible for the behaviour of Users on the Website. In the context of the distribution of content through the Website each User undertakes to be polite, moderate and respectful. In particular, each User agrees not to post on the Website any content (and in particular any photo or video content, regardless of the main vehicle for diffusion) that is, without limitation, racist, anti-Semitic, negationist, pornographic, violent, vulgar, obscene, offensive, inappropriate, hateful, defamatory, discriminatory, harassing or otherwise objectionable. FTC Collective reserves the right to delete the wrongful content as soon as it becomes aware of it and/or as soon as it is notified of its existence. FTC Collective can also ask the User to modify it at any time. In general, when using the Website, any act, content, attitude and/or declaration of a User likely to deceive, mislead, shock, defraud, swindle or, in general, cause prejudice to any other User and/or to FTC Collective (including members of its staff) may be subject to, at the discretion of FTC Collective and without prejudice to any claim for compensation, (i) a reminder of the rules of good conduct, (ii) a formal notice, (iii) a temporary suspension, (iv) a suspension or permanent interruption of a User's account. For example, this will be the case when: - a User who has been the subject of complaints or claims by other Users; - a seller User has sent one or several times Products that are defective or, in general, do not comply with the corresponding Product Sheet. The examples above-mentioned are not restrictive and FTC Collective reserves the right to moderate the Website when litigious behaviours are notified to it. Users formally refrain from contacting each other directly in order to negotiate and/or conclude a transaction relating to a Product outside the Website or, in general, in a manner that is detrimental to the rights or interests of FTC Collective. Users also refrain from disseminating links to other websites and/or identification elements of other websites on which the Products would also be sold, except with the written agreement of FTC Collective. Users agree not to disclose personal or bank details via the Website. Users undertake not to make any unfounded assessment of the Website and/or other Users that could be denigrating, or undermine the image of the services that have been provided and/or hurt the reputation of FTC Collective (including members of its staff) and/or other Users. Any content deemed contrary to these rules shall be deemed to have been created by the User who issued it, whether through FTC Collective or other Users.
11. Availability of the Web Site
12.1 Seller protection scheme Under our Seller Protection Scheme.
The Seller will be protected against any disputes or chargebacks. The Seller is covered under FTC Collective’s Seller Protection Scheme if the Seller: reports any issues to us within 90 days of the dispute being raised by the Buyer, lists and sells Items of women's clothing, womens shoes or parenting accessories via the Platform, has dispatched the order to the shipping address provided by the Buyer, has sent the Item using tracked postage that confirms the delivery to the Buyers address and can provide proof of postage and delivery when requested, has dispatch the Item within 14 days of purchase, responds to us within any given timeframes, has described the Item accurately (including representative photos) but the buyer changed their mind.
The Seller is not covered by our Seller Protection Scheme if they sold the Item outside of the Platform.
If the Seller or the Buyer reports an issue about an Item by contacting our Customer Care team, we will investigate the issue and make a final decision.
All final decisions made by us in relation to refunds and disputes will be final and binding.
12.2 Buyer protection scheme Under our Buyer Protection Scheme.
Under our Buyer Protection Schemes Buyers are guaranteed a full refund if: the Item doesn’t arrive, if the Item is significantly not as described (as deemed by us), or if the Item was not available at the time of the Buyer’s purchase (i.e. the Seller had sold it elsewhere but not removed the Item from the Catalogue).
In order to be covered by our Buyer Protection Scheme, the Buyer must purchase women's clothing, shoes or parenting accessories via the Platform using the ‘Buy now’ button and report any issues to us within 90 days.
13. Changes to these Terms of Service
We may revise these Terms of Service from time to time. The revised Terms of Service will be accessible here.
Changes will usually occur because of new features being added to the Platform, changes in the law or where we need to clarify our position on something.
We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
14. Applicable law and jurisdiction - dispute resolution
English law will apply to the Terms regardless where you are based. You irrevocably agree that the English courts will have exclusive jurisdiction to settle any dispute which may arise in connection with the Terms. For the avoidance of doubt, you irrevocably submit all disputes arising from the Terms to the exclusive jurisdiction of the English courts.