By opening a Flupio shop, you’re agreeing to our Terms of Use Policy.
Accepting These Terms
Your Privacy
Flupio Accounts
Billing and Payments
Your Product Listings
Content Restrictions
Delivery of Products
Use of our Platform
Intellectual Property Infringement
"AS IS" and "AS AVAILABLE"
Termination
Changes to our Terms and Conditions
This document and other documents below make up our official Terms of Use (“Terms” for short).
The terms are a legally binding contract between you and Dearnex Ltd (The owner of Flupio, We’ll just refer to Dearnex Ltd and all of its subsidiaries collectively as “Flupio”.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service (even just browsing one of our websites or apps).
If you don’t agree with the Terms, you may not use our Services.
We understand that personal information is important to you and our Privacy Policy shares the details of how your information is collected, used and shared when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.
Both Flupio and sellers process customers’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Flupio, will be responsible for that unauthorised disclosure.
You will require an account to sell or purchase on Flupio, however guest accounts are allowed to browse the services if you agree to these terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our platform.
Upon creation of your account, you will be the Client (Shop Owner) for the purpose of our Terms and Conditions you will be authorised to use any corresponding account we may provide to the Shop Owner in connection with the Service. You are solely responsible for the Shop/Shops and listings under your account
Your Flupio Shop can only be associated with One Shop Owner, You may however have multiple users in various roles working within your Shop, all with different access levels.
You must be 18 years or older to use our Services.
Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
Choose an appropriate name. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
You’re responsible for your account - You are responsible for safeguarding the account and password that You use to access the service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.
Our Relationship These terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and Flupio.
You shall provide the Company with accurate and complete billing information including full name, address, post code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date (14 Days), with the full payment corresponding to the billing period as indicated on the invoice. Automatic attempts will occur during the 14 day period and you will receive email notifications of the next attempts and if successful or not. Failure to settle the outstanding balance within 14 days, we will pause access to your account until payment is settled and any active listings will be removed from Flupio Search. Your shop page will display a currently closed for business and all listings will be hidden.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
Our Service allows You to post Content to Your Shop and the platform. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. Your product listings are your content, and covers any content you publish using our Services. We don’t make any claim to it, which includes anything you publish using our services (Like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames etc).
Your Responsibility It’s important you understand your content is your responsibility and that you have all the rights to all parts of your content and that you’re not infringing or violating any third party’s rights by posting it.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Permission to use your content By posting Content to the Service, You grant Us the right and licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this licence includes the right for Us to use your content for promotional material in order for us to promote our software and services
Rights you Grant Flupio By posting Your Content, you grant Flupio and, as authorised by Flupio in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content.
Your listings must meet our allowed items Where we make Flupio available for a wide range of Handmade, personalised products and more we won’t allow listings that don’t meet our criteria.
Removed Listings We will remove any listings that violate our policies, you must not replace any products we remove back up for sale under a new listing. Continued policy violations will result in the removal of your account from our platform.
Flupio is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
All the listings made available on the Flupio platform are to be sold by individual businesses, it’s the sole responsibility of the seller for the dispatch and delivery of the products sold.
We monitor and ensure the dispatch and delivery times that are set by sellers are adhered to and we expect Sellers to dispatch on time, or early via trusted couriers and delivery services. Using Tracked services where appropriate.
It’s imperative that if a buyer on the Flupio platform notifies you of non-delivery of an item, within the estimated time scale offered by you, that you will investigate immediately and tell the buyer that you are doing so, what you are doing and when you expect the delivery of the product.
In the absence of information to the contrary, you agree to despatch a product within three days of notification of order by us, by a method likely to reach the buyer within a further seven days.
If it is apparent that a customer has not received a product within the time frame of the expected delivery date, you will refund money paid, including any delivery charge through Stripe. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.
In the absence of communication between you and the buyer Flupio may step in and review all the information and make an impartial decision of how to proceed in the interest of the buyer, seller and the platform overall. We will make contact with the seller and the buyer. This may result in us refunding a product on your behalf from your balance. Or a direct charge to your card if sufficient funds are not available.
Continued failings of delivery or quality of products Flupio may take appropriate action to work with you and your business or in worse cases suspend your account. We reserve the right to choose at our own discretion how we handle individual cases.
We grant you a limited, non-exclusive, non-transferable, and revocable licence to use our platform subject to the terms and conditions
Don’t use our platform to break the law. You agree that you will not violate any laws in connection with your use of the platform. It is your responsibility to ensure you have the relevant licences required by law for the products you sell. For example if you’re selling alcoholic products you have the licence to do so and follow the age verification checks upon delivery that are required by law.
Paying your balances. You are responsible for ensuring all fees incurred on our platform are paid in full. You are solely responsible for collecting/paying any applicable taxes for any purchases or sales you make through our platform. Flupio will ensure VAT is required for some businesses that are available through our platform. It is your responsibility to ensure that you register for VAT and your responsibility to pay VAT.
Don’t harm our platform Flupio is developed to provide a safe place to buy and sell products, you agree to not interfere with or try to disrupt our platform.
Share your ideas What makes Flupio great is its built from what makes a better platform for sellers and buyers and we listen and we can build a better platform for everyone. Any ideas or other materials you submit to Flupio (not including Your Content or items you sell through our Platform) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use and publish those ideas and materials for any purpose, without compensation to you.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@dearnex.com and include in Your notice a detailed description of the alleged infringement.
We as a company do not accept responsibility for content posted by our Users on Their Client accounts & published to Their Shops. We will act accordingly at our sole discretion when we receive a valid notice of Copyright Infringement with the User where it is in violation of our Terms & Conditions. This could involve action such as removal of the infringing content and or termination of a user's account.
You may be held accountable for damages (including costs and fees) for misrepresenting that any Content is infringing Your copyright.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
(ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
(iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Account Data – We retain your shop data & past bills as well as your store’s information for a guaranteed 2 years. After this 2 year period of a deactivated/terminated account we begin the purge process which removes all the data held regarding your store and information.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.