1. What Can be Sold on Kinkify

Handmade items are items that are made and/or designed by you, the seller.

If you sell handmade items, you agree that:

1. All handmade items are made or designed by you. If you work with a production partner, you must disclose that production partner in your relevant listings.
2. You accurately describe every person involved in the making of an item in your shop in your About section.
3. You are using your own photographs – not stock photos, artistic renderings, or photos used by other sellers or sites.

If you are selling personalised or made-to-order items in the Handmade category, you agree that:

1. All listings are available for purchase at a set price.
2. If you are using photographs of previous work with options for customisation (like colour choices) included in the listing, it is clear in your description that the photos shown are just examples.

Vintage items must be at least 20 years old.

Kinky as hell items are anything whose primary purpose is for use in act of BDSM.

2. What Can’t be Sold on Kinkify

Even if they otherwise meet our marketplace criteria items that violate our intellectual property policies are not allowed to be sold on Kinkify.

Reselling is not allowed in the handmade category on Kinkify. Reselling refers to listing an item as handmade when you were not involved in designing or making that item.

Keep in mind that members may flag listings that appear to violate our policies for Kinkify’s review. Kinkify may remove any listings that violate our policies. Note that listing fees are non-refundable. Kinkify may also suspend or terminate your account for any violations. You’ll still be on the hook to pay any outstanding fees on your Kinkify statement.

If you are raising money on behalf of a charity, you must obtain that charity’s consent.

3. Representing Yourself, Your Shop, and Your Listings Honestly

At Kinkify, we value transparency. Transparency means that you honestly and accurately represent yourself, your items and your business.

By selling on Kinkify, you agree that you will:

1. Provide honest, accurate information in your About section.
2. Honour your Shop Policies.
3. Accurately represent your items in listings and listing photos.
4. Respect the intellectual property of others.
5. Not engage in fee avoidance.
6. Not create duplicate shops or take any other action (such as manipulating clicks, carts or sales) for the purpose of manipulating search or circumventing Kinkify’s policies.
7. Not coordinate pricing with other sellers.

4. Communicating with Other Kinkify Members

Messages

You can use Kinkify Messages (“Messages”) to communicate directly with your buyers or other Kinkify members. Messages are a great way for buyers to ask you questions 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 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.

5. Privacy and Protecting Personal Information

You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Kinkify user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Kinkify users with whom you interact. Your privacy policy must be compatible with this policy and Kinkify’s Terms of Use.

In particular, when you sell using our Services (subject to this Policy) or use Kinkify’s API (also subject to the Kinkify API Terms of Use), you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Services. You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to Kinkify users you interact with and compatible with this policy and Kinkify’s Terms of Use. For more information on the General Data Protection Regulation, see more resources at https://gdpr-info.eu and http://gdprandyou.ie. As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorised disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Kinkify-related communications or for Kinkify-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorised transactions. Without the buyer’s consent, and subject to other applicable Kinkify policies and laws, you may not add any Kinkify member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you’re responsible for knowing the standard of consent required in any given instance. If Kinkify and you are found to be joint data controllers of personal information, and if Kinkify is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Kinkify for the expenses it occurs in connection with your processing of buyer personal information.

In particular, when you sell using our Services (subject to this Policy) or use Kinkify’s API (also subject to the Kinkify API Terms of Use), you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Services.

You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to Kinkify users you interact with and compatible with this policy and Kinkify’s Terms of Use. For more information on the General Data Protection Regulation, see more resources at https://gdpr-info.eu and http://gdprandyou.ie.

As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorised disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Kinkify-related communications or for Kinkify-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorised transactions. Without the buyer’s consent, and subject to other applicable Kinkify policies and laws, you may not add any Kinkify member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you’re responsible for knowing the standard of consent required in any given instance.

If Kinkify and you are found to be joint data controllers of personal information, and if Kinkify is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Kinkify for the expenses it occurs in connection with your processing of buyer personal information.

For more information, please see our Privacy Policy.

6. Creating and Uploading Content

As a member of Kinkify, you have the opportunity to create and upload a variety of content, like listings, 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.

7. Building a Positive Reputation Through our Reviews System

Reviews are a great way for you to build a reputation on Kinkify. Buyers can leave a review, including a one to five star rating and a photograph of their purchase, within 100 days after their 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. Buyers can edit their review, including the photograph, any number of times during that 100 day period.

On the rare occasion you receive an unfavourable review, you can reach out to the buyer or, if the review is less than 3 stars, leave a response.

Reviews and your response to reviews 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.

8. Providing Great Customer Service

We expect our sellers to provide a high level of customer service. By selling on Kinkify, you agree to:

1. Honour your dispatch and processing times. Sellers are obligated to dispatch an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for dispatch times vary by country.
2. Respond to Messages in a timely manner.
3. Honour the commitments you make in your shop policies.
4. Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, our Dispute Resolution team can help through our case system.
5. If you are unable to complete an order, you must notify the buyer and cancel the order.

As a seller, you must provide great customer service and maintain trust with your buyers. These requirements are called our Seller Service Level Standards.

Etsy also provides limited protection to sellers who meet the requirements of our Seller Protection Program. Read more about Etsy’s Seller Protection Programme here.

9. Responding to Requests for Cancellations, Returns, and Exchanges

Please be aware that in addition to this policy, each country has its own laws surrounding delivery, cancellations, returns and exchanges. Please familiarise yourself with the laws of your own country and those of your buyers’ countries.

Cancellations

If you are unable to complete a transaction, you must notify the buyer via Kinkify Messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.

European Union Right of Withdrawal

Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state.

Kinkify’s Case System

We ask buyers to contact sellers directly and attempt to resolve any outstanding issues before opening a case on Kinkify. For this reason, it is important that you fill out your shop policies and regularly respond to Messages from your buyers.

Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within three days or the time frame noted by Kinkify in the case. Kinkify may request your assistance in resolving a case opened against your shop. Kinkify reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, case manipulation, and undermining the integrity of the case system.

By using Kinkify’s case system, you understand that Kinkify may use your personal information for the purpose of resolving disputes with other members. Cases can be filed in the following circumstances:

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 your listing description or your photos. The following are 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, you will be required to refund the order, including original postage and return postage.

Ineligible Transactions

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

1. Items that are damaged by the 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.

When a dispute is ineligible for our case system, we encourage both parties to work together to come to an amicable solution.