This section governs the direct contractual relationship between the Buyer and the Creator for all Creator Items sold on FanWear.
FanWear provides the platform, but the Sale Contract exists between Buyer and Creator, not between Buyer and FanWear.

FanWear facilitates the transaction, processes payments through third-party processors, and provides operational support — but the actual sale of the item is legally Creator → Buyer.

1. Parties To The Sale Contract

Each Transaction creates a binding agreement between:

• Creator – the individual providing the Creator Item
• Buyer – the individual purchasing the Creator Item

FanWear is not a party to the Sale Contract.

2. Creator Obligations

Creators agree to:

• Provide truthful, accurate descriptions of Creator Items
• Disclose known defects, damages, or unique characteristics
• Ensure items are legally owned and can be sold
• Describe the condition honestly
• Provide correct provenance or authenticity claims
• Ship items to FanWear (or directly to the Buyer) as instructed
• Comply with all FanWear policies
• Follow all applicable U.S. and international laws
• Cooperate with verification requests
• Not misrepresent worn items as new
• Not supply counterfeit goods
• Not supply stolen property

Creators must also agree that:

• They are solely responsible for representations made about Creator Items
• FanWear is not responsible for verifying their claims
• They must indemnify FanWear for any losses arising from misrepresentation or illegal items

3. Buyer Obligations

Buyers agree to:

• Read the item description fully before purchase
• Accept that Creator Items are sold as-is
• Acknowledge that items may show natural wear consistent with being previously owned or worn
• Not file fraudulent disputes or chargebacks
• Not harass or attempt to contact Creators outside FanWear
• Not misuse images or descriptions for impersonation or deceptive resale
• Comply with all shipping, payment, and verification requirements
• Acknowledge that all sales are final

Buyers also acknowledge:

• FanWear does not guarantee Creator authenticity claims
• FanWear is not responsible for any Creator misrepresentation
• Shipping risk transfers once the item is handed to the carrier

4. Nature Of Creator Items

Creator Items may include:

• Creator-worn apparel
• Memorabilia
• Limited-edition merchandise
• Props or special items used by the Creator
• Signed or marked items
• Novelty goods
• Collector items not intended for practical wear

Buyers acknowledge:

• Items are sold as memorabilia, not functional apparel
• Items may carry cosmetic imperfections, wear, or unique characteristics
• Items are not intended for intimate use
• Items may include scents, residues, wear marks, or other signs of use
• Items may not be suitable for laundering or wearing

5. Shipping Responsibilities

Creators must:

• Ship items to FanWear (or directly to Buyers if instructed) within the required timeframe
• Use the shipping method designated by FanWear
• Follow packaging and labeling rules
• Confirm drop-off or pickup with tracking

Buyers understand:

• Shipping risk transfers to them once the carrier accepts the package
• FanWear is not liable for loss, theft, or carrier damage
• Customs fees, duties, or delays are their responsibility

6. Finality Of Sale

All Creator Item sales are:

• Final
• Non-refundable
• Non-returnable
• Non-exchangeable

The only exceptions apply where legally required.

Creators and Buyers both agree that:

• Creator Items cannot be returned
• Creator Items cannot be exchanged for different sizes or versions
• Creator Items cannot be refunded for subjective dissatisfaction

7. Authenticity, Provenance, And Claims

Creators are solely responsible for:

• Accuracy of authenticity claims
• Description of wear/use
• Stated provenance
• Any included signatures, notes, or creator-added marks

FanWear does not guarantee:

• Authenticity of signatures
• Provenance accuracy
• Truthfulness of creator-worn claims
• Accuracy of storytelling or “history” descriptions

Buyers purchase based on Creator representations.

Creators must indemnify FanWear for:

• Misrepresentation
• Fraud
• Counterfeit items
• Stolen goods
• Trademark infringement

8. Financial Terms

Creators agree that:

• FanWear processes payments on their behalf
• FanWear deducts platform fees and processing costs
• Payouts may require identity verification
• Payout timing may vary depending on risk, verification, volume, or compliance holds

Buyers agree that:

• Payment is due at checkout
• Purchases cannot be canceled after processing
• Chargebacks without legitimate cause constitute a violation of the Terms
• Fraudulent chargebacks may result in account termination

9. Breach Of The Sale Contract

Creators may be in breach if they:

• Provide false item details
• Fail to deliver the item
• Submit counterfeit or stolen goods
• Violate any policy or law
• Engage in deceptive conduct
• Attempt to circumvent FanWear’s system

Buyers may be in breach if they:

• File fraudulent chargebacks
• Intentionally mislead FanWear
• Harass or stalk Creators
• Attempt to obtain free merchandise
• Bypass payment systems

FanWear may:

• Suspend or terminate accounts
• Withhold earnings
• Cancel orders
• Block Users from future access

10. FanWear’s Role

FanWear acts as:

• A platform provider
• A marketplace operator
• A payment processor intermediary
• A logistics facilitator (in some cases)
• A compliance gatekeeper

FanWear is not:

• A party to the Sale Contract
• Responsible for Creator misrepresentation
• Responsible for Buyer behavior
• A guarantor of authenticity
• A shipping carrier
• An escrow service

FanWear does not:

• Guarantee Creator performance
• Guarantee Buyer behavior
• Guarantee delivery timelines
• Guarantee item condition beyond the posted description

11. Dispute Resolution Between Buyer And Creator

FanWear may assist, at its discretion, but is not obligated to intervene.

Creators and Buyers agree:

• First, attempt to resolve disputes by contacting FanWear support
• Provide necessary documentation
• Act in good faith
• Understand FanWear’s decision is final with respect to platform policy enforcement

FanWear may:

• Reject disputes lacking evidence
• Deny refunds
• Suspend accounts involved in fraud
• Provide information to law enforcement when required

12. Indemnification

Creators agree to indemnify FanWear for:

• Misrepresentation
• Counterfeit goods
• Stolen items
• Fraud
• Breach of contract
• Legal claims brought by Buyers
• Intellectual property violations

Buyers agree to indemnify FanWear for:

• Chargeback abuse
• Fraud
• Policy violations
• Harassment of Creators
• Illegal use of memorabilia
• Defamation towards Creators or FanWear

13. Termination Of The Sale Contract

The Sale Contract ends when:

• The Creator Item is delivered
• All payment obligations are satisfied
• No further disputes are active

FanWear may terminate access to the platform for either party at any time for policy violations.

Last updated: November 2025