1. Understanding Kinkify’s Limitations as a Venue

By shopping on Kinkify, you understand that:

1. You are not buying directly from Kinkify, but from one of the many talented sellers on Kinkify;
2. Kinkify does not pre-screen sellers and therefore does not guarantee or
   endorse any items sold on Kinkify or any content posted by sellers (such
   as photographs or language used in listings or shop policies);
3. Each seller on Kinkify has their own processing times, delivery methods, and shop policies; and
4. You assume responsibility if you provide your own materials for a custom order.

As a member of the community, you have the opportunity to flag an item or a shop that violates any of Kinkify’s policies. 

2. Communicating with Other Kinkify Members

Messages

You can use Kinkify’s Messaging.
(“Messages”) tool to communicate directly with sellers or other Kinkify
members. Messages are a great way to ask sellers any questions you have
about an item or an order. Messages may not be used for the following
activities:

1. Sending unsolicited advertising or promotions, requests for donations or spam;
2. Harassing or abusing another member or otherwise violating our Anti-Discrimination Policy;
3. Contacting someone after they have explicitly asked you not to; or
4. Interfering with a transaction or the business of another member.

Interference
Interference occurs when a member intentionally interferes with another
member’s shop in order to drive away their business. Interference is
strictly prohibited on Kinkify. Examples of interference include:

1. Contacting another member via Kinkify Messages to warn them away from a particular member, shop, or item;
2. Posting in public areas to demonstrate or discuss a dispute with another member;
3. Purchasing from a seller for the sole purpose of leaving a negative review;
4. Maliciously clicking on a competitor’s Promoted Listings ads in
   order to drain that member’s advertising budget, also known as ‘click
   fraud’.

Harassment
Any use of Kinkify Messages to harass other members is strictly prohibited.
Similarly, Messages may not be used to support or glorify hatred or
otherwise violate our Anti-Discrimination Policy. If you receive a Message that violates this policy, please let us know right away.

3. Purchasing an Item on Kinkify

When you buy from a shop on Kinkify, you’re directly supporting an
independent business, each with its unique listings, policies,
processing times and payment systems. By making a purchase from a seller
on Kinkify, you agree that you have:

1. Read the item description and shop policies before making a purchase;
2. Submitted appropriate payment for item(s) purchased; and
3. Provided accurate delivery information to the seller.

4. Leaving a Review of an Item

Reviews are a great way to learn about a seller’s items, help good
sellers build a strong reputation, or help warn other buyers about a
poor experience.

You can leave a review,
including a one to five star rating and a photograph of your purchase,
for 100 days after your item’s estimated delivery date. If an estimated
delivery date is not available, the review window opens after the
order’s processing time and delivery time have elapsed. You can edit your review, including the photograph, any number of times during that 100 day period. Your review and/or photograph and profile information will be publicly displayed on the seller’s listing and review pages.

By leaving a review or photograph, you acknowledge that your content may not:

1. Contain private information;
2. Contain obscene, racist, or harassing language or imagery;
3. Violate our Anti-Discrimination Policy;
4. Contain prohibited medical drug claims;
5. Contain advertising or spam;
6. Be about things outside the seller’s control, such as a delivery carrier, Kinkify, or a third party;
7. Contain threats or extortion;
8. Include shilling or otherwise falsely inflate a shop’s review score; or
9. Undermine the integrity of the Reviews system.

By uploading a photograph to one of Kinkify’s websites or Kinkify’s mobile app, you warrant that:

1. You own the photograph or you have the rights or permission to use the photograph; and
2. You understand that, as stated in Kinkify’s Terms of Use, Kinkify has license to use any content you provide to Kinkify.

Sellers may respond
to reviews of three or fewer stars. Sellers’ responses to reviews must
also comply with this policy. Sellers may hide photographs that they do
not feel accurately represent their brand, or they may report reviews that violate our Terms of Use.

We reserve the right to remove reviews or photographs that violate our policies or Terms of Use.

5. Creating and Uploading Content

As a member of Kinkify, you have the opportunity to create and upload a
variety of content, like Messages, text, photos, and videos. In order to
keep our community safe and respectful, you agree that you will not
upload content that is:

1. Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy;
2. Obscene or vulgar;
3. In violation of someone else’s privacy or intellectual property rights; or
4. False, deceptive or misleading.

6. Reporting a Problem with an Order or Returning an Item

Kinkify’s Case System

Although Kinkify is not directly involved in a transaction between a
buyer and a seller, we provide a case system in the unlikely event that
your order does not go as expected. By using Kinkify’s case system, you
understand that Kinkify may use your personal information for the purpose
of resolving disputes with other members. You can use Kinkify’s case system
to come to a resolution with the seller in the event of a non-delivery
or if an item you receive is not as described in the listing. If you choose a refund as
your preferred resolution, keep in mind that Kinkify only allows
on-platform refunds for a period of 180 days post-transaction. After
this 180 window has elapsed, Kinkify can’t support on-platform refunds for
your order. However, you may still communicate directly with the seller
to come to an off-platform resolution. Refunds issued by Kinkify will be in
your original form of payment, and if such payment is not available, an
Kinkify credit will be issued.

Non-Delivery
A non-delivery occurs when a buyer places an order but does not receive
the item. The following are examples of non-delivery cases:

1. There is no proof that the item was dispatched to the buyer.
2. An item was not sent to the address provided on Kinkify.

Not as Described
An item is not as described if the buyer can demonstrate that it is
significantly different from the seller’s listing description or photos.
Here are a few examples of not as described cases:

1. The item received is a different colour, model, version or size.
2. The item has a different design or material.
3. The seller failed to disclose that an item is damaged or is missing parts.
4. The buyer received the incorrect quantity of items (e.g., the buyer purchased three items but only received two).
5. The item was advertised as authentic but is not authentic.
6. The condition of the item is misrepresented (e.g., the item is described as new but is used).

Not as described cases can also be filed for late delivery. In
order to qualify as late delivery, the buyer must provide proof that all
of these conditions have been met:

1. The item(s) were ordered for a specific date or event.
2. The item(s) are rendered useless after that date.
3. The seller did not ship the item(s) according to their processing time or the date agreed upon in Messages.

If Kinkify determines that an item is not as described, the seller
will be required to refund the order, including original postage and
return postage. In the event that Kinkify needs to refund the return
postage cost on behalf of the seller, that refund may come in the form
of an Kinkify Credit.

Ineligible Transactions
Some disputes don’t qualify for Kinkify’s case system. These include:

1. Items that are damaged by delivery carrier (if properly packaged by the seller).
2. Items that have been altered, used, worn, washed, or discarded after receipt.
3. Items that are received after the agreed-upon delivery date due to delivery delays.
4. Items that are returned without a return agreement.
5. Items that are accurately described but don’t meet a buyer’s expectations.
6. Cost of delivery disputes.
7. Items that are purchased in person.
8. Transactions where payment is not made via Kinkify’s checkout system.

Requesting a Cancellation

Only sellers may cancel transactions. Buyers may request that a
seller cancel an order via Kinkify Messages. Note that all cancellations
must comply with our Anti-Discrimination Policy.

Returning an Item

Each seller has his or her own return policies, which should be
outlined in their Shop Policies. Not all sellers accept returns. If you
reside in the European Union, you may be entitled to a 14-day “cooling
off period,” or a “right of withdrawal,” during which you may return an
item for any reason.