TERMS OF USE

Last Updated: 11th August 2026

1. About These Terms

These Terms of Use (“Terms”) govern your access to and use of https://www.funkinks.com (the “Website”, “Platform” or “Service”).

The Website is operated by Fun Kinks Ltd (“Funkinks”, “we”, “us” or “our”), a company incorporated in England and Wales. Our registered office is:

Fun Kinks Ltd
Kingsnorth House
1 Blenheim Way
Birmingham
B44 8LS
United Kingdom

Email: info@funkinks.com

By accessing, registering for, purchasing from, selling through or otherwise using the Platform, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Platform.

These Terms should be read together with our Privacy Policy, Cookie Policy, Prohibited Content and Items Policy, and any other policies or rules published on the Platform. Those policies form part of these Terms where expressly stated.

Nothing in these Terms excludes or limits any statutory rights or remedies that cannot lawfully be excluded or limited.

2. Definitions

For the purposes of these Terms:

“Buyer” means a user who purchases or attempts to purchase goods or digital content through the Platform.

“Seller” means a user who lists or offers goods or digital content for sale through the Platform.

“Content” means photographs, videos, text, messages, audio, digital files, listings and other material uploaded, submitted or transmitted through the Platform.

“Digital Content” means data or content supplied in digital form, including photographs, videos, files and other downloadable or viewable digital material.

“Goods” means physical products offered for sale by Sellers through the Platform.

“Listing” means an advertisement, product page or other offer made by a Seller through the Platform.

“Transaction” means a purchase of Goods or Digital Content through the Platform.

“User” means any person accessing or using the Platform, including Buyers and Sellers.

3. Eligibility and Age Requirements

The Platform is intended exclusively for adults aged 18 or over.

You must not access or use the Platform if you are under 18.

You must be at least 18 years old to:

create or maintain an account;
purchase Goods or Digital Content;
upload Content;
become a Seller;
communicate with other Users through the Platform; or
access restricted or adult Content.

We may require you to complete an age-assurance or age-verification process before permitting access to some or all areas of the Platform.

An age declaration or confirmation alone may not be sufficient where applicable law requires a higher standard of age assurance.

You must provide accurate and complete information when completing an age-assurance or verification process.

You must not:

misrepresent your age;
use another person’s identity or verification information;
circumvent age-assurance measures;
assist another person in circumventing age restrictions; or
create an account on behalf of a person under 18.

If we reasonably believe that an account belongs to, is being operated by, or is being used by a person under 18, we may immediately restrict or terminate the account and take any other action required or permitted by law.

Where legally required or reasonably necessary to protect children or comply with law-enforcement obligations, we may preserve information and report suspected illegal activity to appropriate authorities.

Our age-assurance practices are also subject to our Privacy Policy.

4. Nature of the Platform

Funkinks operates an online marketplace through which independent Sellers may offer Goods and Digital Content to Buyers.

Except where expressly stated otherwise, Funkinks is not the Seller of the Goods or Digital Content listed by Users.

A contract for the sale of Goods or Digital Content is generally formed between the relevant Buyer and Seller.

Funkinks provides the Platform and processes payments for Transactions. We may also provide administrative, moderation, customer-support, fraud-prevention and transaction-management services.

Unless expressly stated otherwise, Funkinks does not:

own Goods listed by Sellers;
manufacture Goods;
take ownership of Goods merely because payment is processed through the Platform;
guarantee that a Seller will complete a Transaction;
guarantee the availability of any Listing;
guarantee that a Listing is accurate;
guarantee the quality, condition or authenticity of Goods;
guarantee that a Seller will comply with their obligations; or
guarantee that a particular Seller or Buyer will remain available.

Nothing in this section limits any responsibility or liability that Funkinks has under applicable law.

5. Seller Status

Sellers must accurately identify whether they are acting as:

a private individual; or
a trader or business.

Sellers must not falsely describe themselves or their business status.

Where a Seller is acting as a trader, that Seller is responsible for complying with all applicable laws relating to the sale of Goods and Digital Content, including applicable consumer-protection, product-safety, tax, intellectual-property and advertising requirements.

Funkinks may request information reasonably necessary to establish a Seller’s identity, business status or legal compliance.

We may restrict a Seller’s ability to list or sell through the Platform if requested information is not provided or cannot be satisfactorily verified.

6. Seller Eligibility and Verification

To sell through the Platform, you must:

be at least 18 years old;
have legal capacity to enter into binding contracts;
provide accurate account and verification information;
have the legal right to sell the Goods or Digital Content;
comply with applicable laws;
comply with these Terms and our policies; and
provide any information reasonably required for payment, fraud prevention, age assurance, identity verification, tax compliance or regulatory reporting.

We may use third-party verification and payment providers to verify information.

Where required by applicable law, including digital-platform reporting requirements, Funkinks may collect, verify and report Seller information to HM Revenue & Customs or other authorities.

Sellers must promptly notify us if information supplied to us becomes inaccurate or changes.

7. Seller Representations and Warranties

By creating a Listing, the Seller represents and warrants that:

they are at least 18 years old;
they have the legal right to sell the relevant Goods or Digital Content;
they own or control all necessary rights in the Listing and Content;
all Content uploaded to the Platform has been created, obtained and supplied lawfully;
every person depicted in adult or sexually explicit Content is at least 18 years old;
every person depicted in such Content has provided all legally required consent for the creation and use of that Content;
they will retain evidence of consent where reasonably necessary to demonstrate lawful ownership or use;
no Listing contains or promotes child sexual abuse material or any Content involving a person under 18 in a sexual context;
Listings are accurate and not materially misleading;
Goods are accurately described;
Goods comply with applicable product-safety and other legal requirements;
Digital Content does not infringe another person’s intellectual-property, privacy, image or other rights;
they will comply with applicable tax obligations; and
they will comply with all applicable laws and regulations.

Sellers are responsible for ensuring that their Listings remain lawful and accurate throughout the period in which they are available.

8. Prohibited Goods and Content

Users must not upload, list, sell, purchase, distribute, request, promote or otherwise make available through the Platform:

any Content involving a person under 18 in a sexual or exploitative context;
child sexual abuse material;
non-consensual intimate imagery;
secretly or covertly recorded sexual material;
voyeuristic material;
sexual content created or distributed without the relevant person’s consent;
content involving sexual violence or exploitation;
bestiality or sexual abuse of animals;
content promoting or facilitating self-harm;
stolen property;
illegally obtained property;
counterfeit goods;
prohibited drugs or controlled substances;
firearms, weapons or other prohibited items;
personal data or confidential information belonging to another person without lawful authority;
Content that infringes intellectual-property rights;
fraudulent or deceptive Listings;
goods or Content prohibited by applicable law; or
any other item or Content prohibited under our Prohibited Content and Items Policy.

We may remove, restrict, disable or prevent access to any Listing or Content where we reasonably believe that it breaches these Terms, our policies or applicable law.

9. Consent and Adult Content

Where a Seller uploads Content depicting another person, the Seller must have obtained all permissions and consents required by law.

A Seller must not upload Content where the person depicted:

did not consent to the creation of the Content;
did not consent to its publication or distribution through the Platform;
has withdrawn consent where continued publication is unlawful; or
is under 18.

Funkinks may require evidence concerning age, identity, ownership or consent before allowing Content to remain available.

Where we receive a credible report concerning non-consensual intimate imagery, exploitation, underage Content or other serious unlawful Content, we may immediately restrict access while the matter is investigated.

We may preserve relevant information where necessary to comply with law, investigate suspected criminal activity, protect Users or respond to lawful requests from authorities.

10. Listings

Sellers are solely responsible for the accuracy and completeness of their Listings.

Listings must clearly and accurately describe:

the Goods or Digital Content being offered;
the applicable price;
any material restrictions;
any relevant delivery information;
any material characteristics or limitations; and
any other information required by applicable law.

Sellers must not use misleading descriptions, manipulated reviews, false claims or deceptive pricing.

We may edit formatting, categorisation or presentation of Listings for operational, moderation or security purposes, without changing the substantive nature of the Seller’s offer.

11. Purchases and Formation of Contracts

When a Buyer places an order, the Platform may provide an acknowledgement that the order has been received.

An order is not necessarily accepted merely because an acknowledgement has been issued.

Where applicable, the Seller accepts the Buyer’s order in accordance with the purchasing process displayed on the Platform.

The resulting sales contract is between the Buyer and Seller unless applicable law or the relevant transaction expressly provides otherwise.

Funkinks may facilitate the transaction, process payment, provide customer support and administer refunds or disputes in accordance with these Terms and applicable law.

We reserve the right to reject or cancel a Transaction where reasonably necessary, including where:

the Listing appears unlawful;
the Seller cannot be verified;
payment cannot be authorised;
fraud or abuse is suspected;
the Transaction breaches these Terms;
required age assurance has not been completed; or
cancellation is required by law.

12. Prices, Fees and Payments

Funkinks processes payments for Transactions through payment-processing arrangements made available through the Platform.

Prices will be displayed at the point of purchase.

Unless otherwise stated, prices will be presented in the applicable currency and will identify applicable taxes or charges where required by law.

Funkinks may charge Sellers commissions, transaction fees or other charges disclosed to them before the relevant Transaction or in the applicable Seller terms.

Payment processing may be provided through third-party payment providers. Users may be required to comply with the payment provider’s terms and conditions.

Funkinks may delay, withhold or reverse payments where reasonably necessary to:

investigate suspected fraud;
comply with law;
process a refund;
address a chargeback;
investigate a dispute;
comply with payment-provider requirements; or
protect the Platform, Buyers or Sellers.

13. Seller Payouts

Subject to applicable law and the relevant payment arrangements, amounts due to Sellers may be paid after deduction of:

Funkinks fees or commissions;
refunds;
chargebacks;
taxes or other amounts required by law;
payment-processing charges; and
other amounts properly due under the applicable Seller terms.

We may delay payment where there is a reasonable basis to suspect fraud, unlawful activity, a breach of these Terms or a dispute relating to the Transaction.

14. Consumer Rights

Nothing in these Terms affects mandatory consumer rights.

Where a Seller is a trader, applicable consumer protection legislation may give Buyers rights concerning:

the quality and conformity of Goods;
digital content;
refunds and remedies;
delivery;
cancellation;
defective or misdescribed products; and
other statutory protections.

Where a statutory right applies, neither the Seller nor Funkinks will rely on these Terms to exclude that right.

Consumers may have different rights depending on whether they purchase from a trader or from a private individual.

15. Cancellation and Refunds

Cancellation and refund rights depend on the nature of the Transaction and whether the Seller is acting as a trader.

Where a statutory cancellation right applies, it will be available in accordance with applicable law.

Where Digital Content is supplied immediately, the Buyer may be required to expressly consent to immediate supply and acknowledge any statutory consequences concerning cancellation rights before the supply begins.

Nothing in these Terms removes any statutory right to a refund, repair, replacement, price reduction or other remedy.

Where a refund is approved, Funkinks may process the refund through the original payment method where reasonably practicable.

Further information concerning refunds and cancellation may be provided in our Refund and Cancellation Policy.

16. Digital Content

Digital Content must be supplied in the form and manner described in the relevant Listing.

Sellers are responsible for ensuring that Digital Content:

corresponds with its description;
is supplied lawfully;
does not infringe third-party rights;
does not contain prohibited material; and
complies with applicable consumer law where the Seller is a trader.

Where required by law, Digital Content will be subject to applicable statutory rights and remedies.

Funkinks may restrict access to Digital Content where necessary to comply with law, investigate suspected fraud or address a breach of these Terms.

17. Physical Goods and Delivery

Where Goods are purchased, the Seller is responsible for preparing and dispatching the Goods in accordance with the Listing and applicable law.

Unless expressly stated otherwise, Funkinks does not take possession of or physically fulfil the Goods.

Sellers must:

package Goods appropriately;
dispatch Goods within any stated timeframe;
use the delivery method represented in the Listing;
comply with applicable shipping laws;
not send prohibited Goods; and
provide accurate tracking information where available.

Where a Seller is a trader, the Seller remains responsible for its statutory obligations concerning delivery, conformity, cancellation and remedies.

18. Subscriptions

Access to certain Buyer features may require a paid subscription.

Before purchasing a subscription, the Platform will provide information concerning:

the subscription price;
billing frequency;
renewal arrangements;
cancellation arrangements; and
any applicable trial or promotional period.

Unless otherwise stated, subscriptions automatically renew at the end of each billing period until cancelled.

Users may cancel subscriptions using the cancellation method made available through the Platform.

Cancellation will normally prevent the next renewal but will not necessarily provide a refund for a billing period that has already commenced, except where required by law or otherwise stated.

We will not use this clause to exclude statutory cancellation or refund rights.

We may change subscription prices by providing reasonable notice where required.

19. User Accounts

Users must provide accurate and current information.

You are responsible for:

maintaining the security of your account;
keeping login credentials confidential;
preventing unauthorised access;
notifying us promptly of suspected account compromise; and
all activity carried out through your account unless caused by circumstances for which you are not legally responsible.

You must not sell, transfer or provide access to your account to another person without our written permission.

20. User Conduct

You must not:

use the Platform for unlawful purposes;
harass, threaten, intimidate, abuse or exploit another person;
impersonate another person;
provide false or misleading information;
manipulate Listings, ratings or reviews;
circumvent Platform payment systems;
engage in fraud or chargeback abuse;
interfere with the operation or security of the Platform;
introduce malware, spyware, viruses or malicious code;
scrape or harvest information without permission;
attempt to bypass age-assurance measures;
attempt to gain unauthorised access to accounts or systems;
use another person’s payment method without authorisation;
facilitate illegal activity; or
otherwise misuse the Platform.

21. Communications and Safety Monitoring

To protect Users, comply with law and maintain the integrity of the Platform, Funkinks may use automated systems and, where reasonably necessary and lawful, human review to monitor or investigate communications and other activity conducted through the Platform.

Monitoring may be undertaken for purposes including:

detecting illegal Content;
protecting children;
preventing fraud;
detecting harassment or abuse;
enforcing these Terms;
investigating reports;
preventing misuse of the Platform;
resolving disputes;
protecting Users and Funkinks; and
responding to lawful requests from authorities.

Not all communications will necessarily be reviewed by a human.

Where communications are monitored or reviewed, Funkinks will process personal data in accordance with applicable data-protection law and our Privacy Policy.

Users should not use the Platform to transmit information that they are not legally entitled to share.

22. Reporting Illegal or Prohibited Content

Users may report suspected illegal or prohibited Content through the reporting mechanisms made available on the Platform.

Reports may concern:

suspected child sexual exploitation;
non-consensual intimate imagery;
sexual exploitation;
illegal Goods;
fraud;
harassment;
threats;
intellectual-property infringement;
prohibited Content; or
other unlawful activity.

We will assess reports using procedures appropriate to the nature and seriousness of the allegation.

Where required by law, we will take appropriate action to restrict or remove illegal Content and may preserve or disclose information to law-enforcement authorities.

Our reporting and complaints mechanisms will be operated in accordance with applicable Online Safety Act requirements where those requirements apply to the Service. Ofcom’s current guidance requires relevant user-to-user services to take proportionate measures concerning illegal content, reporting, complaints, moderation and their terms of service.

23. Complaints and Appeals

If you believe that we have incorrectly removed Content, restricted an account or taken another enforcement action, you may contact us through the relevant complaints or appeals process made available on the Platform.

We may ask you to provide information supporting your appeal.

We may maintain restrictions while an appeal is considered where necessary to protect Users, preserve evidence, prevent further harm or comply with law.

Nothing in this section limits any legal rights you may have.

24. Moderation and Enforcement

We may, where reasonably necessary:

remove or restrict Content;
suspend Listings;
restrict account functionality;
suspend accounts;
terminate accounts;
restrict access to Transactions;
withhold or delay payments where legally permitted;
cancel Transactions;
preserve relevant information; and
report suspected illegal activity to appropriate authorities.

We may take immediate action without prior notice where necessary to protect Users, prevent serious harm, comply with law or address an urgent security or fraud risk.

Where reasonably practicable and legally permissible, we will provide information about the reason for significant enforcement action.

25. User-Generated Content

Users retain ownership of Content they upload, subject to the rights granted below.

By uploading Content to the Platform, you grant Funkinks a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, display, transmit, distribute and otherwise use that Content to the extent reasonably necessary to:

operate the Platform;
provide the relevant service;
process Transactions;
display Listings;
moderate Content;
prevent fraud and abuse;
maintain security;
comply with legal obligations; and
provide customer support.

Where reasonably necessary for the operation of the Platform, this licence may continue for a limited period after deletion or termination to the extent required for backups, legal compliance, dispute resolution, fraud prevention or other legitimate operational purposes.

We will not use sexually explicit User Content for unrelated advertising or promotional purposes unless the User has separately agreed to such use where required.

You represent that you have all rights and permissions necessary to grant this licence.

26. Intellectual Property

All intellectual property rights in the Platform, including its software, design, branding, logos, databases, text, graphics and other proprietary materials, belong to Funkinks or its licensors.

Except where permitted by law or expressly authorised by us, you must not:

copy;
reproduce;
modify;
distribute;
publish;
sell;
license;
reverse engineer; or
commercially exploit

any part of the Platform or its proprietary materials.

Nothing in these Terms transfers ownership of Funkinks’ intellectual property to you.

27. Third-Party Services

The Platform may use third-party providers for:

payment processing;
age assurance;
identity verification;
hosting;
security;
analytics;
communications;
delivery or logistics; and
other operational functions.

Third-party services may have their own terms and privacy policies.

Funkinks is not responsible for the independent acts or omissions of third-party providers except to the extent required by law.

28. Taxes and Seller Reporting

Sellers are responsible for determining and paying any taxes arising from their activities through the Platform.

Funkinks may be required to collect and verify Seller information and report information concerning Sellers and their Transactions to HM Revenue & Customs or other authorities.

Where applicable, Sellers agree to provide the information reasonably required for such reporting.

UK digital-platform reporting rules may require platforms to report qualifying Sellers and their income to HMRC.

Where we are required to provide a Seller with a copy of information reported to HMRC, we will do so in accordance with applicable requirements.

29. Privacy and Data Protection

Our collection and use of personal data is governed by our Privacy Policy and Cookie Policy.

We may process information including:

account information;
age-assurance information;
identity and Seller-verification information;
payment and Transaction information;
communications;
Content;
device and technical information;
fraud-prevention information; and
information required for legal and regulatory compliance.

Where applicable, Funkinks will process personal data in accordance with UK data-protection law.

Given the nature of the Platform, some information may constitute special-category personal data or otherwise require enhanced protection. We will process such information only where permitted by applicable law and for appropriate purposes.

30. Availability of the Platform

We aim to keep the Platform available and secure but do not guarantee that it will always be:

uninterrupted;
error-free;
secure from every possible threat;
available at every location; or
free from defects.

We may suspend or modify the Platform for maintenance, security, technical, legal or operational reasons.

31. Disclaimers

To the fullest extent permitted by law, Funkinks does not guarantee:

that every Listing is accurate;
that every Seller will perform their obligations;
that every Buyer will perform their obligations;
that Goods will meet a Buyer’s expectations;
that Digital Content will always be available;
that Transactions will always be completed;
that Users will behave lawfully;
that the Platform will always be available; or
that the Platform will be free from all errors or security vulnerabilities.

Nothing in this section excludes or limits statutory rights or liabilities that cannot legally be excluded or limited.

32. Limitation of Liability

Nothing in these Terms excludes or limits liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
liability that cannot legally be excluded or limited; or
any statutory consumer rights or remedies that cannot lawfully be excluded.

Subject to the above, Funkinks will not be liable to the extent permitted by law for indirect or consequential losses, loss of profits, loss of business, loss of opportunity, loss of reputation or loss of data, except where such loss is not lawfully excludable.

Where you are a consumer, nothing in these Terms limits liability in a manner prohibited by applicable consumer-protection law.

Where you are acting in the course of a business, Funkinks’ aggregate liability arising from the relevant contractual relationship shall, to the fullest extent permitted by law, be limited to an amount reasonably proportionate to the services provided and, unless otherwise required by law, shall not exceed the total fees paid by you to Funkinks during the twelve months preceding the event giving rise to the claim.

Different liability provisions may apply where expressly agreed with business users.

33. Indemnity

To the extent permitted by law, a Seller or other User who breaches these Terms agrees to compensate Funkinks for reasonable losses, liabilities, costs and expenses arising directly from:

their unlawful use of the Platform;
their breach of these Terms;
Content they upload;
infringement of third-party rights;
fraudulent activity; or
violation of applicable law.

This provision does not apply to the extent that the relevant loss was caused by Funkinks’ own breach of duty or negligence.

Where you are a consumer, this indemnity will apply only to the extent permitted by applicable law.

34. Account Suspension and Termination

We may suspend or terminate an account where we reasonably believe that:

these Terms have been breached;
unlawful activity has occurred;
false information has been provided;
age or identity requirements have not been satisfied;
a User presents a material risk to other Users;
payment fraud or abuse has occurred;
the account has been compromised;
continued use could expose Funkinks or others to legal or regulatory risk; or
suspension or termination is otherwise reasonably necessary to protect the Platform or comply with law.

We may take immediate action where necessary.

Where reasonably practicable, we will provide information about the reason for termination or suspension, subject to legal, security and investigative restrictions.

Termination does not affect rights or obligations accrued before termination.

35. Effect of Termination

After termination:

your right to use the Platform will normally cease;
Listings may be removed;
access to certain Content may cease;
pending Transactions may be cancelled where appropriate;
amounts properly due may remain payable; and
provisions intended by their nature to survive termination will continue to apply.

We may retain information after termination where required or permitted by law, for fraud prevention, dispute resolution, regulatory compliance, security, accounting or other legitimate purposes.

36. Changes to These Terms

We may update these Terms from time to time.

Where a change is material, we will provide reasonable notice where required or reasonably practicable.

The updated Terms will state their effective date.

Changes required by law, security requirements, regulatory developments or operational necessities may take effect sooner where reasonably necessary.

If you do not agree to a material change, you may stop using the Platform and, where applicable, cancel your account or subscription in accordance with the relevant cancellation procedure.

37. Complaints

If you have a complaint concerning the Platform, a Transaction or another User, please contact:

info@funkinks.com

Please provide enough information for us to identify the relevant account, Listing or Transaction.

We may request additional information before investigating a complaint.

38. Third-Party Rights

Except where expressly stated otherwise, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

39. Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations where reasonably necessary in connection with a restructuring, sale, merger, acquisition or transfer of the Platform, provided that this does not unlawfully reduce your rights.

40. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it lawful and enforceable.

If that is not possible, the provision shall be severed.

The remaining provisions shall continue in full force and effect.

41. No Waiver

A failure or delay by Funkinks to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision later.

42. Entire Agreement

These Terms, together with any policies expressly incorporated into them, constitute the agreement between you and Funkinks concerning your use of the Platform.

Nothing in this section excludes liability for fraud or fraudulent misrepresentation or overrides mandatory statutory rights.

43. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales.

If you are a consumer, you will retain any mandatory legal protections available to you under the law applicable to your circumstances.

Subject to those mandatory rights, the courts of England and Wales shall have jurisdiction over disputes arising from or relating to these Terms.

44. Contact

Questions, complaints or legal notices concerning these Terms should be sent to: