By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Faq section of the Site.
Datiyah.com Marketplace is a Venue
Datiyah.com Marketplace acts as a venue to allow users, who comply with Datiyah.com Marketplace’s policies, to offer, sell and buy certain fashion goods within a fixed-price format. Datiyah.com Marketplace is not directly involved in the transactions between buyers and sellers. As a result, Datiyah.com Marketplace has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Datiyah.com Marketplace does not pre-screen entire content or information provided by users. Datiyah.com Marketplace cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Datiyah.com Marketplace does not transfer legal ownership of items from the seller to the buyer.
Datiyah.com Marketplace cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that Datiyah.com Marketplace is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Datiyah.com Marketplace. You use the Datiyah.com Marketplace service at your own risk.
Age: Datiyah.com Marketplace’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Datiyah.com Marketplace may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Datiyah.com Marketplace’s policies as stated in the Agreement and the Datiyah.com Marketplace policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Datiyah.com Marketplace, each of which is incorporated herein by reference and each of which may be updated by Datiyah.com Marketplace from time to time without notice to you:
- Copyright Policy
In addition, some services offered through the Site may be subject to additional terms and conditions published by Datiyah.com Marketplace from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Datiyah.com Marketplace of any unauthorized use of your password or any breach of security. You also agree that Datiyah.com Marketplace cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Datiyah.com Marketplace without Datiyah.com Marketplace’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Datiyah.com Marketplace you must provide and maintain a valid PayPal account.
Account Transfer: You may not transfer or sell your Datiyah.com Marketplace account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Datiyah.com Marketplace reserves the right to refuse service to anyone at any time. Datiyah.com Marketplace’s services are not available to temporarily or indefinitely suspended Datiyah.com Marketplace members. Datiyah.com Marketplace reserves the right, in Datiyah.com Marketplace’s sole discretion, to cancel unconfirmed or inactive accounts.
Fees and Services
Joining Datiyah.com Marketplace and listing items is currently free. This may be changed in the future and boutiques may be charged a monthly subscription fee. Datiyah.com Marketplace charges a percentage of the sale price when the item sells. Datiyah.com Marketplace’s fees are subject to change. Increase to the Features & Fees for Datiyah.com Marketplace’s services are effective after Datiyah.com Marketplace provides you with at least thirty (30) days’ notice by posting the changes on the Site. However, Datiyah.com Marketplace may choose to temporarily change the fees for it’s services for promotional events; such changes are effective when Datiyah.com Marketplace posts the temporary promotional event on the Site. Datiyah.com Marketplace may decrease the fees as stated in the Features & Fees with no notice. Datiyah.com Marketplace may, at it’s sole discretion, change some or all of Datiyah.com Marketplace’s services at any time. In the event Datiyah.com Marketplace introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollar ($)
You are responsible for paying all fees and applicable taxes associated with using Datiyah.com Marketplace. Datiyah.com Marketplace keeps accepted payment information on file. If a seller has fees due to Datiyah.com Marketplace then they will be invoiced for that month for the amount due. This amount will be taken automatically by Datiyah.com Marketplace from the seller’s registered PayPal account 2 working days later. If the Seller fails to pay the amount due in full they risk penalties such as termination of their boutique subscription, suspension of their selling privileges or termination of their account.
All fees are inclusive of tax where applicable. In certain circumstances fees will not be subject to tax but you may be liable to indirect taxes in your own country. Datiyah.com Marketplace recommends that you research whether you are liable to declare such taxes to the relevant tax authorities.
Fees and Termination: If Datiyah.com Marketplace terminates a listing or your account, if you close your account, or if the payment of your Datiyah.com Marketplace fees cannot be completed for any reason, you remain obligated to pay Datiyah.com Marketplace for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the account. If you have a question or wish to dispute a charge, contact Datiyah.com Marketplace.
Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Datiyah.com Marketplace’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. If the “in stock” quantity is more than one, all items in that listing must be identical with the only exception being colour variations details of which must be included on the listing.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Datiyah.com Marketplace transaction fees, misrepresent the item’s location, or use another user’s account without permission. Sellers may not encourage buyers to purchase an item listed on Datiyah.com Marketplace outside of the Datiyah.com Marketplace site, such as directly through PayPal. This may also constitute fee avoidance.
Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Datiyah.com Marketplace and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Datiyah.com Marketplace.
Restricted Activities: Your Content and your use of Datiyah.com Marketplace:
- Must not be false, inaccurate or misleading
- Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Must not involve the sale of real fur items. See our selling FAQs.
- Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Datiyah.com Marketplace’s Copyright Policy)
- Must not violate this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Must not contain items that have been identified as hazardous to consumers
- Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Datiyah.com Marketplace staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Must not be obscene
- Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
- Must not modify, adapt or hack Datiyah.com Marketplace or modify another website so as to falsely imply that it is associated with Datiyah.com Marketplace;
- Must not link directly or indirectly, reference or contain descrtions of goods or services that are prohibited under this Agreement or other policy documents as posted on Datiyah.com Marketplace.
By uploading boutique images to Datiyah.com Marketplace, you agree that Datiyah.com Marketplace has the right to use your images to promote Datiyah.com Marketplace and/or your boutique store in any external press as well as across all Datiyah.com Websites.
Re-Posting Content: By posting Content on Datiyah.com Marketplace, it is possible for an outside website or a third party to re-post that Content. You agree to hold Datiyah.com Marketplace harmless for any dispute concerning this use. If you choose to display your own Datiyah.com Marketplace-hosted image on another website, the image must provide a link back to its listing page on Datiyah.com Marketplace.
Idea Submissions: Datiyah.com Marketplace considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Datiyah.com Marketplace shall not be liable for the disclosure or use of such Material. If, at Datiyah.com Marketplace’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Datiyah.com Marketplace will also consider that Material to be non-confidential and non-proprietary and Datiyah.com Marketplace will not be liable for use or disclosure of the Material. Any communication by you to Datiyah.com Marketplace is subject to this Agreement. You hereby grant and agree to grant Datiyah.com Marketplace, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Messaging is your way to communicate privately with other Datiyah.com Marketplace members. It’s essentially email, but purely for Datiyah.com Marketplace members. Messages are primarily intended for communicating about transactions and orders that are underway.
- You must not use Messages to send unsolicited advertising or promotions, requests for donations or “spam”, or pass on email addresses or any other information on to third parties.
- Spamming other boutiques in order to ask them to ‘follow’ your own boutiques will not be tolerated.
- Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
- You must not use messages to knowingly harass or abuse another member.
- If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
- You must not use Messages to interfere with a transaction. This means…
- You must not contact another member to buy or sell an item listed on Datiyah.com Marketplace outside of the Datiyah.com Marketplace site. This may also constitute fee avoidance.
- You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.
As an anti-spam measure, sending too many messages too quickly may auto-disable your Messages. You must contact Support to have your ability to send Messages reinstated.
Datiyah.com Marketplace does not control the Content provided by users that is made available on Datiyah.com Marketplace. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.
Additionally, there may also be risks dealing with international trade. By using Datiyah.com Marketplace, you agree to accept such risks and that Datiyah.com Marketplace (and Datiyah.com Marketplace’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on Datiyah.com Marketplace. Please use caution, common sense, and practice safe buying and selling when using Datiyah.com Marketplace.
Other Resources: Datiyah.com Marketplace is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Datiyah.com contains endorsements, reviews, and affiliate links for products and services. That means that when you click on a link that we recommend, we may receive a commission. Datiyah.com Marketplace is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Datiyah.com Marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Interactions with Other Users
Users are solely responsible for interactions with others. Users understand that Datiyah.com Marketplace does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Resolution of Disputes and Release
In the event a dispute arises between you and Datiyah.com Marketplace, please contact Datiyah.com Marketplace.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of USA. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release Datiyah.com Marketplace (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Datiyah.com Marketplace, for the benefit of users, may try to help users resolve disputes. Datiyah.com Marketplace does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Datiyah.com Marketplace attempts to resolve a dispute it will do so in good faith based solely on its policies. Datiyah.com Marketplace will not make judgments regarding legal issues or claims and all disputes related to transactions will ultimately be determined by PayPal.
Datiyah.com Marketplace’s Intellectual Property
Datiyah.com Marketplace, and other Datiyah.com graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Datiyah.com and its subsidiaries. Datiyah.com Marketplace’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, Datiyah.com Marketplace may, without notice, and without refunding any fees, delay or immediately remove Content, warn Datiyah.com Marketplace’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- Datiyah.com Marketplace is unable to verify or authenticate any of your personal information or Content
- Datiyah.com Marketplace believes that a user is acting inconsistently with the letter or spirit of Datiyah.com Marketplace’s policies, has engaged in improper or fraudulent activity in connection with Datiyah.com Marketplace or the actions may cause legal liability or financial loss to Datiyah.com Marketplace’s users or to Datiyah.com Marketplace.
Datiyah.com MARKETPLACE, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE Datiyah.com MARKETPLACE’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Datiyah.com MARKETPLACE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Datiyah.com MARKETPLACE SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL Datiyah.com MARKETPLACE, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Datiyah.com MARKETPLACE’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Datiyah.com MARKETPLACE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Datiyah.com MARKETPLACE’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Datiyah.com MARKETPLACE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) £100.
YOU AGREE TO INDEMNIFY AND HOLD Datiyah.com MARKETPLACE AND (AS APPLICABLE) Datiyah.com MARKETPLACE’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Datiyah.com Marketplace does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Datiyah.com Marketplace’s control.
Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any Datiyah.com Marketplace service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Datiyah.com Marketplace are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Datiyah.com Marketplace Service
Choice of Law
This Agreement shall in all respects be interpreted and governed by the laws of USA.
Sections Datiyah.com Marketplace Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users, Resolution Of Disputes And Release, Datiyah.com Marketplace’s Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, Datiyah.com Marketplace Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to Datiyah.com Marketplace; email@example.com (in the case of Datiyah.com Marketplace) or, in your case, to the email address you provide to Datiyah.com Marketplace (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Datiyah.com Marketplace may give you notice by post to the address provided to Datiyah.com Marketplace. In such case, notice shall be deemed given three days after the date of posting.
For issues with intellectual property, please provide the notice as specified in Datiyah.com Marketplace’s Copyright Policy.