Prohibited Items Policy

fans.lu is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from fans.lu marketplaces. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of fans.lu. This policy explains what is prohibited or restricted on fans.lu and fans.lu Studio.

This policy is a part of our Terms of Use. By opening an fans.lu shop, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on fans.lu marketplaces:

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

Alcohol and drugs are prohibited on fans.lu. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances simply are not in the spirit of fans.lu and we therefore do not allow them.

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The following are examples of items that may not be sold on fans.lu:

  1. Alcohol

  2. Tobacco products, smokeable products, e-cigarettes, and e-liquid.

  3. Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.

  4. Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.

  5. Medical drugs and pharmaceuticals.

Restrictions on descriptions of purported health benefits:

A medical drug claim is any element of a listing or shop that suggests an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on fans.lu, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.

fans.lu prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. fans.lu may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. If fans.lu receives proper notice from a legal authority, we may remove an item.

Resources: Small Business Assistance from the Federal Drug Administration; U.S. FDA and FTC for information about medical drug claims; US Bureau of Alcohol, Tobacco, Firearms and Explosives

2. Animal Products and Human Remains

Certain animal products are highly regulated and not in the spirit of fans.lu due to the risk of harm to live, companion, or endangered animals.

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The following are examples of animal products that may not be sold on fans.lu:

  1. Live animals.

  2. Items created using any animal species designated as threatened or endangered by the US Endangered Species Act or listed in Appendix I of the Convention on International Trade in Endangered Species (CITES). Click here for more information.

  3. Items made from cat and dog parts or pelts as defined by US Federal Law.

  4. Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilized ivory, and wooly mammoth ivory.

  5. Items made from human remains, except for teeth and hair.

Resources: Endangered Species Act; Prohibition on Importation of Dog and Cat Fur Products

We expect all of our members to follow their local laws. If you are shipping items across international borders you should also consult CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) for specific information about importing and exporting items that may be threatened due to the nature of this trade. If you sell products containing feathers, you should also consult the Migratory Bird Treaty Act.

3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

For safety reasons and due to complex legal regulations surrounding certain items, we ask that our members not sell items that could be considered dangerous.

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Hazardous Materials

Due to the potential harm caused by hazardous materials, as well as complex legal regulations surrounding such materials, including shipping restrictions, hazardous materials are prohibited on fans.lu.

While not exhaustive, the following materials are examples of prohibited hazardous materials:

  1. Explosives (fireworks or sparklers)

  2. Flammable items

  3. Gases

  4. Radioactive material

  5. Toxic substances (such as poisons)

Recalled Items or Items that Present Unreasonable Risk of Harm

Items that have been recalled by governments or manufacturers are prohibited from being sold on fans.lu. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts, and drop side cribs.

Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking hazard. We generally rely on information from various government agencies to identify these items.

Weapons

Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any tool or instrument that is intended to be used as a weapon to inflict harm on a person. The following items are generally not allowed on fans.lu:

  1. Guns, knives, or other blatant weapons (even if they are vintage)

  2. Imitation weapons that look real or are prohibited by US law

Resources: Bureau of Alcohol, Tobacco, Firearms and Explosives; FMCSA’s Guide to Complying with Federal Hazardous Materials Regulations; US Federal Government's Guide to Recalled Items; US Code of Federal Regulations on Imitation Firearms; US Consumer Product Safety Improvement Act (CPSIA); fans.lu CPSIA Team; Australian Competition & Consumer Commission's (ACCC) Product Safety; European Commission's Consumer Safety; US Consumer Product Safety Commission's Resellers Guide to Selling Safer Products

4. Hate Items: Items that Promote, Support, or Glorify Hatred

We want fans.lu to be a community where people of all backgrounds, nationalities, religions, political affiliations, and even different types of artistic taste and humor feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others. Vintage items can have educational and historical value, but they can also trigger painful memories of tragic events throughout history.

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fans.lu does not allow items or listings that promote, support or glorify hatred toward people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”) or items or content that promote organizations or people with such views.

The following items are not allowed on fans.lu:

  1. Items that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, or groups that advocate an anti-gay, anti-immigrant, or Holocaust denial agenda.

  2. Items that contain racial slurs or derogatory terms in reference to protected groups.

Resources: Federal Bureau of Investigation’s webpage on Hate Crimes

5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

We respect the law and expect fans.lu sellers to respect the law as well.

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Illegal items and items that promote illegal activity, including counterfeit or stolen items, are generally not allowed on fans.lu. Neither are certain items that are subject to complex legal regulations or registration systems. Because fans.lu is a global company, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. In addition, listings may not facilitate or promote illegal acts through images or descriptions.

Additionally, due to complex legal restrictions that vary by location, fans.lu does not permit the sale of real estate or motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.).

We require sellers to follow all applicable laws for the items they list. Examples of items which may be subject to regulation include Native American crafts, plants and seeds, and food products.

6. Internationally Regulated Items

Our marketplaces provides a direct connection between buyers and sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with international trade restrictions, including restrictions put into place by the US Office of Foreign Assets Control (“OFAC”), regardless of your location.

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In the United States, the Office of Foreign Assets Control (“OFAC”) at the US Department of the Treasury administers various economic and trade sanctions. These programs prohibit dealing with certain designated persons and targeted countries. We require that all members who buy and sell on our platform comply with OFAC restrictions, even if they live outside the United States. For example, this includes restrictions on:

  1. Transactions involving certain geographic areas, such as Crimea, Cuba, Iran, North Korea, and Syria, or involving any individual or organization located in those places

  2. Transactions involving any item of Cuban, North Korean, Iranian, or Crimean origin

  3. Transactions involving Cuban nationals

  4. Any transaction or dealing with an individual or entity specifically identified by OFAC, notably those listed on OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List

fans.lu’s policies prohibit our members worldwide from engaging in any transaction that run a risk of violating OFAC sanctions. While we attempt to protect our members from unwittingly violating these laws by preventing certain prohibited transactions, it is up to each seller and buyer to be familiar with—and compliant with—OFAC regulations.

fans.lu members can consult the OFAC website for complete information about the various sanctions programs administered by the US Department of the Treasury: http://www.treasury.gov/resource-center/sanctions/Pages/default.aspx

In addition, fans.lu members should be aware that other countries may have their own set of trade restrictions, and that certain items may not be allowed for export or import under foreign laws. You should consult the laws of any foreign jurisdiction when contemplating a transaction involving the shipment of goods overseas.

Finally, fans.lu members should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. fans.lu has no authority or control over the independent decision-making of these providers.

Resources: US Office of Foreign Assets Control (OFAC) Sanctions

7. Pornography and Mature Content

As a creative community, we tend to be fairly liberal about what we allow on fans.lu, but we draw the line at pornography. Beyond that, we restrict mature content so that people who are offended by this kind of material don't have to see it. If you are selling mature content, we ask that you understand that there are differing sensibilities around the world and that you try to be respectful.

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Pornography of any sort is prohibited on fans.lu, whereas mature content is restricted.

Although pornography can be difficult to define, an item generally qualifies as pornography when it is a particularly extreme or explicit version of mature content.

We define mature content as depictions of male or female genitalia, sexual activity or content, profane language, violent images (within reason), and explicit types or representations of taxidermy.

Mature content must be properly listed and tagged as such. Not all nudity is considered mature, and examples of non-mature nudity are listed below. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such.

When deciding whether mature content crosses over the threshold into pornography, we take into consideration how realistically mature image or images are portrayed, and the explicitness of depictions of sexual activity or content.

8. Violent Items: Items that Promote, Support, or Glorify Violence

We want fans.lu to be a safe place for everyone. While violent content can be a legitimate part of historical, educational, or artistic expression, it should never be used to promote or glorify violent acts against others.

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We do not allow Items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm or violence towards self or others.

The following items are not allowed on fans.lu:

  1. Items that glorify human suffering or tragedies, including items that commemorate or honor serial killers

  2. Items that attempt to exploit natural disasters or human tragedies

  3. Items that encourage, glorify, or celebrate acts of violence against individuals or groups

  4. Items that encourage self-mutilation, starvation, or other self-harm

We reserve the right to remove listings that we determine are not within the spirit of fans.lu. Such listings will be removed from the site, and the member's selling privileges may be suspended and/or terminated.

If you see something on fans.lu that appears to violate these rules, you can report it to us. To report copyright or intellectual property infringement, please follow the instructions in fans.lu's Intellectual Property Policy.

Last updated on May 30, 2017