Folksy's Terms of Use
Terms of Use
If you are looking for answers to a question you have please refer to our Frequently Asked Questions page.
We have tried to make the terms of use on Folksy simple to understand and as useful and fair as possible. We want terms that you understand and can comply with. If you have any thoughts on how we can improve our terms then please do contact us by raising a support ticket.
Definitions and Notification of Changes
By using the Folksy.com website [“Folksy”] and all sub-domains, which are a service of Folksy Ltd., you are agreeing to be bound by the following terms and conditions [the Terms of Use” or “The Agreement”].
Folksy may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Folksy. Your continued use of Folksy.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
General Terms
1. You must be 18 years of age or older or you will not be able to enter into a legally binding contract to buy or sell via Folksy.
1.2. If you register membership as a business [as a sole trader or partnership] on Folksy you must guarantee that you personally have the authority of the business to agree to the terms of use.
1.3. These terms shall be governed by and interpreted in accordance with the law of England and Wales.
Behaviour
2. You must not use Folksy for any illegal or unauthorized purpose and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdiction.
3. You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.
4. You must not threaten, intimidate, harass or otherwise abuse any other Folksy user.
5. You are responsible for maintaining that the content you submit is your own and is not owned by others.
6. You are solely responsible for your behaviour and conduct on Folksy.com including use of all content and data including images [graphics and photos], audio and video clips, links and text [such as conversations] that you post to the Folksy.com website.
7. You must not modify or adapt or ‘hack’ Folksy.com or seek to create another website or communication to users that implies it is associated to Folksy.com
8. You must not produce unwanted communications [spam] to other users of Folksy.
9. You are responsible for keeping your password secure.
10. You must not transmit or seek to transmit any viruses or worms or any code that seeks to alter the behaviour of the Folksy site or that is in any way destructive.
Liability
11. Under no circumstances will Folksy Ltd. be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; © loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Folksy regardless of the form of action.
Goods for Sale - Handmade
12. If you seek to sell products then all goods sold as “handmade” must be deemed not to have been produced through “mass production” methods and must be the original design or produce of the seller. See What can I sell on Folksy? for our policy on what is allowed for sale.
13. You must not list prohibited items – for a list of such items please refer to prohibited items list Folksy reserves the right to change this list at any time and without notice.
Content and Copyright
14. You [“the user”] in using Folksy allow Folksy the right to re-use, edit, modify, re-purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for Folksy to use this content both on and offline in perpetuity (see also point 27.).
15. You must not post, list or upload false, inaccurate, misleading or defamatory content (including personal information).
16. You must not copy, modify, or distribute Folksy’s copyrighted works or trade marks, or other content from the Site, without our express consent, see using the Folksy logo in our FAQ.
17. Folksy may change or remove content (“content” includes, for example, items, item descriptions, and other information on the site) and accounts containing content that Folksy determines to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms of Use, the Privacy Policy or other policy documents and community guidelines as posted on Folksy.
18. By submitting your content you grant Folksy a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Folksy Privacy Policy. This will enable us to reproduce your work for the purposes of marketing the service and your work [for example: ‘adverts’; blog posts; printed and web related marketing material; books etc.].
19. Your content must be your own original work which you have the right to make available and is not defamatory, does not infringe any law and indemnify Folksy against all legal fees, damages and other expenses that may be incurred by Folksy as a result of your breach of the above warranty.
Sales and Returns
20. You must pay for items purchased by you, unless the seller has made a clear typographical error or you cannot authenticate the seller’s identity. You and you alone are liable for paying the seller if you commit to buy an item. Please refer to the Sales and Returns policy.
21. You must post items purchased from you after receipt of payment in the time frame specified in the listing unless you cannot authenticate the buyer’s identity in which case you must notify Folksy staff by opening a Support ticket.
22. You must be able to form a legally binding contract of sale to be a member of Folksy. This restricts membership to those of 18 years of age or over unless you have the explicit permission of your parent or guardian who must supervise [and be ultimately responsible for] the account.
Data and Privacy
Folksy is registered as a data controller with the Information Commissioners Office. We aim to follow and encourage best practice with use of personal data. Registered number: Z3182387
23. You must not collect information about users, including email addresses, without their express consent.
24. You must not hold multiple accounts in order to sell the same goods as this constitutes ‘spam’ and unfair manipulation of the Folksy service.
25. You must not solicit for new business on Folksy or use folksy.com to send unsolicited communications except to ask or inform others about Folksy business (items, postage etc.). Any such action will result in your account being deleted and possible action taken with your company or ISP (internet service provider).
26. You must agree to the terms of the Privacy Policy.
Changes to the Service
27. Folksy retains the right to terminate or change the service for any reason at any time without notice.
28. Folksy retains the right to modify the Terms of Use at any time. Folksy will inform registered users by email and through the site blog of any changes to the Terms of Use.
29. Folksy retains the right to refuse service to anyone at any time and to terminate accounts if in breach of the Terms of Use.
Marketing and Linking
30. You shall not link out from Folksy to your own shop or other selling platform. Folksy is to be primarily used as a platform for selling and not as a lead generator / marketing platform for your own site or other services and platforms.
Fees
31. You agree to pay the fees set out in our Fees Policy.
Policies
32. The Terms of Use covers acceptance of the following discrete policies:
Handmade Policy "What Can I Sell on Folksy?"
If you break the above terms then your account will be suspended and possibly terminated. Folksy seeks to promote legal activity and well behaved conduct on its site however, you understand and agree in using the site that Folksy is a ‘place’ and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use the Folksy service at your own risk.
We’ve tried to abide by the policies set out by the Campaign for Plain English. If you have any questions relating to our Terms of Use or suggestions on how to improve them please contact us by raising a support ticket.
See also:
Legal information: what sellers need to comply with