1. Introduction

1.1 We Are A Community

In the rollercoaster of victories and defeats, the communal experience of supporting your favourite team or athlete forms a powerful bond that resonates beyond the playing surface, creating a mosaic of shared memories and a sense of belonging to a passionate and unwavering community.
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2. What is a Business Seller?

When we refer to a "Business Seller", we mean any Seller that uses Fanmeka for purposes relating to their trade, business, craft or profession.

For example, if you sell to Buyers and frequently buy items with the intention to resell them on Fanmeka for a profit, rely on Fanmeka as a primary source of income, or be registered for VAT, it’s highly likely that you will be considered a Business Seller.

During our Seller sign-up process, we require all prospective Sellers to self-declare as either a Business Seller or an Individual Seller. If you are unsure about whether you are a Business Seller or an Individual Seller, we ask that you seek independent legal advice. As a platform, we cannot (and we are under no obligation to) determine or verify your status as a Seller when using Fanmeka.

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3. What is a Consumer User?

As defined within our Terms of Service, if you are an individual using Fanmeka for purposes that are wholly or mainly outside of your trade, business, or profession, we may sometimes refer to you as a “Consumer User” or, if you are a Consumer User and a Buyer, a “Consumer Buyer”.
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4. Business Seller Requirements

Buyers, particularly those in the European Union (”EU”), are given a great deal of protection when purchasing goods and services online. If you are a Business Seller, you agree that you will comply with all consumer protection laws and regulations that are applicable to you. The legal requirements differ across the EU, the European Economic Area (”EEA”), and the United Kingdom (”UK”) and so we strongly recommend that you seek advice from a qualified expert to understand what you need to do to comply.

We have set out below the most common requirements and themes, however please note that this non-exhaustive list has been provided for information purposes only and is not intended to constitute legal advice.

4.1 Pre-Contractual Information Requirements

You are obliged by law to provide EU Buyers with certain information before entering into the contract and you agree that you will do so in your listings. This includes, but is not limited to, stating your identity, contact details, a description of the goods and clear information about price, including any shipping or delivery charges and tax, information about delivery times and cancellation rights and details about your returns policy.

4.2 Standard of Goods & Services

Goods and services must meet certain standards under law. Goods must be of satisfactory quality, fit for purpose and as described. If they are not, EU Buyers may have the right to request a refund, repair or replacement, which you agree you will provide.

4.3 Cancellation Rights

EU Buyers have certain rights under law to cancel contracts and receive refunds. Make sure you understand these and inform EU Buyers of their cancellation rights (as required under law) and ensure your refund policy is made available to EU Buyers. Please note that you cannot charge a restocking fee if an EU Buyer exercises their legal rights to return items to you.

4.4 Unfair Commercial Practices

You are not permitted under law or our Terms of Service to engage in unfair commercial practices. In particular, you must not mislead consumers or provide false information regarding any of the items that you may sell on Fanmeka.

4.5 Consumer Contracts

You should agree all the commercial terms of your arrangement with any EU Buyer (e.g. on payment, delivery, refunds etc.). Any contract you have needs to comply with all applicable laws, including consumer law and data protection law. Terms in consumer contracts must be transparent, fair and prominent. Unfair terms are not enforceable against consumers. If you do not have your own contract, our Terms of Service set out the basis on which Business Sellers contract with EU Buyers, and you are required to comply with these terms.

4.6 Taxes & Customs Fees

As stated in our Terms of Service, Fanmeka requires that all Business Sellers are VAT registered. By insisting on all Business Sellers to be VAT registered, we ensure that we remit all VAT collected as part of Fanmeka transactions, where the Seller is a Business Seller, to the Seller for onward transmission to the appropriate tax authority.

4.7 Data Privacy

You will need to ensure that you comply with all applicable data protection and privacy laws, including the lawful processing of any personal data and related requirements.

If you have any questions, please contact usersupport@fanmeka.com.