StunnerZ | Terms of Sales

To Standard terms and conditions for any sale of a product of whatsoever form within STUNNERZ

Between

FAN - any User who subscribed to an account in STUNNERZ who follows a Creator and is able to buy an item listed by a Creator

and

CREATOR any User who has set up their STUNNERZ account as a Creator to post Content on Stunnerz and can list items to be bought by other Users  

The parties being referred to collectively as the “Parties” and each as a “Party”.

WHEREAS:

  • MF Technologies Ltd registered in England and Wales, Company number 13601877, address: Create Business Hub Ground Floor, 5 Rayleigh Road, Brentwood, Essex, England, CM13 1AB, is not a party to this agreement and neither grants any rights in respect of, nor participates in, any Transaction between Parties, except for acting as a payment intermediary in accordance with the instructions set out in respective agreements.
  • The Creator has agreed in full and subscribed to the “Terms of Services for Creator”.
  • The Fan has agreed and subscribed to the “Terms of Services for Fans
  • The parties have agreed to the “Content Terms and Compliance” in full. 
  • The parties have agreed to the “General Terms of Service

 

  1. Interpretation
  2. “Content” any material posted, displayed, uploaded, downloaded or published on STUNNERZ by any User including, but not restricted to, any images, photos, videos, audio, such as music or any other sounds, livestream material, data, metadata, text, interactive features, emojis, GIFs, memes, and any other material in any whatsoever form
  3. “Item” any material listed in Stunnerz as a “product” to be sold by a Creator including but not restricted to Content and any physical product. 
  4. "Product Selling Transaction" means any monetary transaction and all payments between any of the following ways: payment made by a Fan to buy a listed item, payments made to view pay-per-view media and pay-per-view live stream, and payments made by a Fan to use the Fan interaction functions on a Creator's account;
  5. "VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
  6. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.

 

 

IT IS HEREBY AGREED as follows:

 

In connection with using or accessing Stunnerz you will not:

  • breach or circumvent any laws, third-party rights or our systems or policies;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
  • fail to deliver items sold by you, unless you have a valid reason as set out in Stunnerz policies, for example the buyer fails to comply with the terms posted, or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other Creator's listings;
  • post false, inaccurate, misleading, defamatory, or libellous content related to a product;
  • use the contact information of other users for any purpose other than in relation to a specific Stunnerz transaction on Stunnerz website unless the user has given explicit written (and demonstrable) consent;
  • infringe the copyright, trademark, patent, moral, database or other intellectual property rights ("Intellectual Property Rights") that belong to or are licensed to someone else. 
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of Stunnerz or sell an item that does not belong to you;
  • circumvent any technical measures we use to provide the Services.
  • If you are registering with Stunnerz as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Stunnerz, you must comply with all applicable laws relating to online trading for the site you are selling on.

 

When listing an item to be sold on Stunnerz, you explicitly agree that:

  • you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with this policy;
  • unless otherwise specified by law, you are responsible for all taxes (including but not limited to the tax amount itself, as well as any penalties, fines, charges, or late payment interest) related to your sales on Stunnerz website. 
  • To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to pay any such taxes, penalties or interest;
  • content that violates any of Stunnerz's policies may be modified, obfuscated or deleted at sole Stunnerz's discretion;
  • we may revise product data associated with listings to supplement, remove, or correct information;
  • we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history
  • Stunnerz advertises its services and any content produced by the creators, including but not limited to photos, videos, items etc. to third parties with access to your listings and content for this purpose. 

 

PROHIBITED ITEMS 

The following type of items are strictly not permitted on STUNNERZ, where we become aware of any breach of these terms, we may, in our sole discretion: 

  1. refuse to include the item or any part thereof or any reference to such item on the website, 
  2. remove the item and any related content in question, 
  3. terminate your account and take any measure necessary to minimize or eliminate any liability and 
  4. refer the authors to the law enforcement authorities of the country in which they reside or accesses the webpage. 

Guns: 

  • Any type of guns, pistols, rifle etc 
  • Air rifles, air guns or air pistols
  • Airsoft rifles or Airsoft guns
  • Any frame or receiver for a BB gun or air rifle
  • BB guns
  • Pellet guns

Alcohol 

  • Alcoholic beverages are not allowed to be sold in Stunnerz

Animal 

  • Items made form endangered or threatened species 
  • Ivory or bones from ivory producing animals 
  • Items made from bears 
  • Items made from marine mammals 
  • Items made from protected turtles or tortoises
  • Items made from protected birds 
  • Items made from domesticated cats or dogs 
  • Items made from snake venom  
  • International shipping of animal products must follow all country laws 

Software

  • It is not allowed to sell “any” software on Stunnerz including Beta software, beta keys, cards or access codes 

Bullion 

  • To sell Bullion in Stunnerz 

Cosmetics

  • Cosmetic products must be fully compliant with the applicable laws
  • Sellers must include the following information in the listing:
    • The responsible person of the cosmetic product 
    • The name of the cosmetic product number
    • The list of ingredients and the EAN number
  • All cosmetic products must come in the original container
  • It is not allowed to sell on Stunnerz cosmetic products containing CBD. 

Counterfeit item

  • Examples of counterfeit products include:
  • A replica handbag, watch or pair of sneakers
  • False electronics, such as headphones or accessories like a charging cable
  • An unauthorised reprint of a trading card
  • A T-shirt or mug printed with copyrighted images
  • Bootleg recordings of a concert or other live shows
  • Unauthorised copies of movies, music or software
  • Pirated recordings of television shows

Credit/Debit card

  • Active credit, debit, or store credit cards, including prepaid credit cards 
  • Non-embossed bank or store credit cards 
  • Current and active money orders

Human Tragedy 

  • items that graphically portray, glorify, or attempt to profit from human tragedy or suffering, or that are insensitive to victims of such events are not allowed 

Illegal Activities

  • Items or information that might enable or encourage illegal activity are not allowed. Examples include:
  • Kill switch-activated electronic devices, including smartphones and tablets
  • Items that can enable illegal activity, such as:
    • Pill presses
    • Blank rain checks
    • Products designed to fake the results of drug tests
  • Information on how to use or make illegal drugs, bombs, or explosives
  • Lockpicking tutorials

Pesticide

  • Any Pesticide products are not allowed on Stunnerz

Firearms 

  • Firearms of any type 
  • Parts and accessories for assault weapons, including blueprints and instructions
  • Any part or accessory in violation of local law
  • Firearm receivers, even if incomplete
  • Ammunition for firearms, including bullets, cartridges, casings, shells, and hulls 
  • Gun parts, including, but not limited to, barrels, firing pins, trigger assemblies, and magazines
  • Replica firearms
  • Paintball guns
  • Replica blaster kits

Medicine

  • To sell any kind of medicine and medication

Food

Any food and similar food items are not allowed including 

  • Unpasteurised dairy products (except cheese that follows government guidelines)
  • Unpasteurised fruit or vegetable juice
  • Wild mushroom (except for morel and shitake mushrooms)
  • Ackee fruit or seeds
  • Expired food
  • Government assistance benefits that can be used for food

Funeral 

  • Any funeral items such as headstones, markers, or urns are not allowed

Hazardous items

  • Poisons and carcinogenic substances
  • Dinitrophenol (DNP) in any of its forms, either as a pure substance or active ingredient of any product (such as weight-loss supplements)
  • Fire extinguishers that contain carbon tetrachloride
  • Non-government-approved refrigerants
  • Radioactive materials
  • Corrosive substances and products containing such substances
  • Combustible materials like black powder, caps for toy guns, explosive fuses, fireworks, exploding targets, flares, flash paper, red phosphorous, gasoline, thermite
  • Explosives precursors including aluminium powder, ammonium nitrate, calcium ammonium nitrate, calcium nitrate, hydrogen peroxide above 12% weight by weight (carbamide peroxide above 34% by weight), magnesium nitrate hexahydrate, magnesium powder, nitric acid, nitromethane, nitro-fuel, potassium chlorate, potassium nitrate, potassium perchlorate, sodium azide, sodium chlorate, sodium nitrate, sodium perchlorate, sulphuric acid and urea nitrate

Human Body 

  • Human body parts or items containing body parts are not allowed

Drugs 

  • Narcotics, steroids, and other controlled substances (as classified by the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001 (UK))
  • Items that claim to provide a "legal high"
  • Pipes, or any item marketed as for use with marijuana or illegal drugs
  • Tobacco pipes, and other smoking accessories not intended for drug use, are allowed
  • Vaporizers intended to be used with alcohol, marijuana, or illegal substances

Jewellery 

  • Fine Jewellery
  • Diamonds
  • Metals: Gold, Silver, Platinum 

Knives

  • Automatic knives
  • Butterfly knives
  • Dual-action knives
  • Gravity knives
  • Out-the-front knives
  • Paratrooper knives
  • Push knives
  • Switchblade knives
  • Sword canes

Live animals

  • No live animals are allowed on Stunnerz

Lottery 

  • Lottery Tickets of any kind are not allowed 

 

Medical Devices

  • Any item classified as medical device is not allowed on Stunnerz

Offensive Material

  • Slurs or epithets of any kind
  • Slavery items, including reproductions, such as tags, shackles, documents, bills of sale, etc.
  • Items with racist, anti-Semitic, or otherwise demeaning portrayals, for example through caricatures or other exaggerated features, including figurines, cartoons, housewares, historical advertisements, and golliwogs
  • Black Americana items that are discriminatory
  • Confederate battle flag and related items with its image
  • Historical Holocaust-related and Nazi-related items, including reproductions
  • Any item that is anti-Semitic or any item from after 1933 that bears a swastika
  • Media identified as Nazi propaganda
  • Listings that imply or promote support of, membership in, or funding of a terrorist organization

Plants

  • Endangered plants are not allowed

Police item 

  • Law enforcement and other government-issued uniforms, badges, or accessories, such as hats, jackets, or shirts, or replicas of these items
  • Official emergency lighting systems or sirens, including lenses or LEDs for these systems
  • Uniforms, military items, clothing, identity cards, decorations, awards or flags, which are not promotional items of Red Cross, Red Crescent or Red Crystal organisations and which contain the Red Cross, Red Crescent or Red Crystal emblems

Product Safety 

  • Products recalled by a manufacturer or government agency
  • Products where the sale of the product is prohibited by law or regulation
  • Products that pose a health or safety hazard as specified by any government agency 
  • Products that don't comply with product safety laws
  • Lighters which breach EU or International regulations

Tobacco

  • Any item containing tobacco, including, but not limited to cigarettes, cigars, and loose tobacco
  • Herbal cigarettes or herbal tobacco (sometimes called nicotine-free or tobacco-free cigarettes or shisha)

Violence

  • Items that promote or glorify violence towards humans or animals
  • Films, images, or devices that contain or claim to contain real acts of violence, rape, execution, torture, crime scenes, morgues, dead bodies or body parts of dead persons
  • Items closely associated with or that benefit violent felons, their acts, or crime scenes.

Weapons

  • No weapons of any kind are allowed on Stunnerz including Hand weapons, Blow or dart guns, flare guns, potato guns, tear gas, pepper spray, mace, stun guns, tasers, swords, crossbows.

 

Guidelines 

Sellers need to follow these guidelines:

  • Take original photos that are large and clear, showing multiple angles and all details
  • Do not hide or blur logos or any parts of the item
  • Do not list an item if you are not certain it is authentic or if an authenticator has been unable to confirm its authenticity

 

  1. Transactions between parties
  2. In a Transaction between Parties, the Fan agrees to make the Payment applicable to the relevant Transaction in accordance with the pricing published in the Creator's account plus any VAT which is applicable. 
  3. The Parties authorize MF Technologies Limited or any of its subsidiaries to act as an intermediary for the payment and to collect, hold, and process the payment of the Fan and any applicable VAT. 
  4. The parties authorize MF Technologies to deduct the commission and transaction fee as described in the Terms and Conditions between STUNNERZ and Creator
  5. MF Technologies Limited is responsible to pay out the sums due to Creators and any applicable Affiliate, as described in the Terms and Condition between STUNNERZ and Creator
  6. Once STUNNERZ acknowledges the transaction, the Creator is the sorely responsible to send the item at the digital or physical address specified by the Fan.
  7. MF Technologies is NOT responsible for sending and receiving any physical item listed by the Creators. The Creators are responsible to send the item to the address specified by the Fan
  8. The license is non-transferable, non-sublicensable and non-exclusive, and permits the Fan to access and view the Relevant Content on the Fan's personal device and via a normal web browser. 
  9. The Fan acknowledges and agrees that under any condition the item bought is at Creator sorely responsibility and provided in this agreement does not result in any rights or intellectual property rights transfer between the parties. 

 

  1. Cancellation and refunds of the Transaction
  2. The Fan acknowledges that the product selling Transaction will result in a supply of the relevant item to the Fan before the end of the period of 14 days from the date when the Fan/Creator Transaction is entered into, and the Fan gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Transaction which the Fan has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
  3. Fans cannot request a refund if they
    • knew an item was faulty or used as specified in the listing when they bought it
    • damaged an item by trying to repair it themselves or getting someone else to do 
    • no longer want an item (for example because it’s the wrong size or color) unless they bought it without seeing it
  4. This agreement does not affect any statutory right to receive a refund from the Creator which a Fan may have under the Consumer Rights Act 2015 or any other applicable law.
  5. The Fan participating in the transaction agrees to make the Payment required to access, view, download or receive the Relevant Content and item, and agrees not to initiate a chargeback other than if the Fan disputes the Fan/Creator Transaction in good faith
  6. Obligations between Parties 
  7. The Creator participating in the Transaction agrees to make the item available to the Fan once the Fan has made the Fan Payment applicable to the Relevant item.
  8. The Creator makes a legally enforceable promise that it possesses all necessary rights in and to the Relevant item sufficient to license it to the Fan in the territory in which the Fan will be accessing the Relevant item and has obtained any and all permissions and consents needed to grant the license as described in clause 16.
  9. The Creator is solely responsible for listing and uploading the details of the item. The Creator provides no guarantees that it will continue to list the relevant item on an ongoing basis.
  10. Unless there has been negligence or other breach of duty by the Creator, the buying by the Fan of the Creator's item is entirely at the Fan's own risk.
  11. The Fan participating in the Transaction acknowledges that Creators may add and remove items at any time from their Creator account, and that Creators have the discretion to decide what sort of item to make available on their account.
  12. The Fan participating in the Fan/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Fan to access the item to be provided under the Transaction, including:
    1. if the Creator's account is suspended or deleted;
    2. if the Fan's account is suspended or deleted;
    3. if the availability of all or any part of STUNNERZ site is suspended or inaccessible; or
    4. if the Creator is unable to list any product in the future.

 

Terms relating to disputes:

  1. This agreement is governed by English law and English law will apply to any claim that arises out of or relates to this agreement. 
  2. Any claim of a Fan resident outside of the United Kingdom or the European Union must be brought in the courts of England and Wales, unless the Fan and Creator otherwise agree.