Artisanstores.com’s
Terms of Use Agreement
By using the Artisanstores.com web site you are agreeing to be bound by all of the following terms and conditions contained in this Terms of Use Agreement (hereinafter "Terms of Use" or "Agreement").
Artisanstores.com’s Membership Rules, Privacy Policy, Disclaimer, Copyright & Intellectual Property Infringement Policy are available on this web site and are all incorporated into the Terms of Use by reference.
Violation of any part of this Agreement may result in the termination of your Artisanstores.com account.
A. General Terms
· You must be 18 years of age or older to use this site. If you are under 18 years of age, you may only use this site in conjunction with a parent or legal guardian. In such circumstances, it is the parent or legal guardian who is the actual user and who is liable for any and all activities.
· You alone are responsible for any and all activity that occurs under your username. Artisanstores.com assumes no liability for the actions of its members.
· You are completely responsible for your conduct while using Artisanstores.com, as well as any data, text, information, screen names, graphics, photos, profiles, and/or links ("Content") that you submit, post and display on the Artisanstores.com service.
· The security of your password is your responsibility. Failure to protect your password may result in the unauthorized use of your account. Should such an event occur, Artisanstores.com will not be liable for any damages or losses to you as a result of your compromised password.
· You may not abuse, threaten, or intimidate other members of Artisanstores.com on the site, forum or in chat.
· You may not use the Artisanstores.com service for any illegal or unauthorized purpose. If any illegal or unauthorized content is listed Artisanstores.com will delete the listing and, at its option, either suspend or terminate your account. You shall not receive a refund for your illegal or unauthorized listing.
· You may not, in the use of Artisanstores.com, violate any laws in your jurisdiction.
- You may not use abusive, profane, pornographic, racist, sexist, anti-Semitic, anti-homosexual, or other bigoted language against specific ethnic, religious or political groups in any Artisanstores.com posting or e-mail.
- You may not publish images depicting abusive, profane, pornographic, racist, sexist, anti-Semitic, anti-homosexual, or other bigoted sentiments against specific ethnic, religious or political groups in any Artisanstores.com posting or e-mail.
- You may not engage in any form of spam.
- You understand and agree that although Artisanstores.com explicitly prohibits such conduct and content on its site, it is strictly a venue; and as such, it is not responsible for the Content posted on its web site.
- You use the Artisanstores.com service at your own risk.
B. General Conditions
· Artisanstores.com reserves the right to alter these Terms of Use at any time without any prior written notice.
· Artisanstores.com reserves the right to refuse service to anyone for any reason at any time.
· Artisanstores.com may, but has no obligation to, remove content
("content" includes items, item descriptions, and information submitted in the forums) and accounts containing content that Artisanstores.com determines in its sole discretion are unlawful, offensive or threatening.
· Handmadeuzion.com reserves the right to remove any and all listings for items that are not handmade.
· You agree that by uploading images and item description content to Artisanstores.com, you are simultaneously agreeing to (1) allow other Artisanstores.com users to view them; and (2) allow Artisanstores.com to display the images and content on Artisanstores.com; and (3) allow Artisanstores.com to store the images, item description, profile and other content.
- You understand, accept and agree to be bound by all of the terms and conditions contained in the Terms of Use, Privacy Policy, Disclaimer, and Membership Rules of Artisanstores.com before you may become a member of Artisanstores.com.
- Artisanstores.com may change the Terms of Use and any other policy documents and community guidelines, at any time without prior written notice.
- The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on September 1, 2009 for all users.
C. Membership Eligibility
· Artisanstores.com's services are available only to individuals who are (1) over 18 years of age; and (2) have the capacity to enter into legally binding contracts under applicable law so that you may obtain access to PaypalTM for secured online payments to fill your account.
· Artisanstores.com's services are not available to children (persons under the age of 18). If you are under 18 years of age, you may only use this site in conjunction with a parent or legal guardian. In such circumstances, it is the parent or legal guardian who is the actual user and who is liable for any and all activities.
· If you do not meet the requirements for membership as set forth above, you may not use Artisanstores.com; and any unqualified accounts will be terminated immediately by us upon its discovery. discovering same,
D. Fees and Services
· Joining Artisanstores.com is free.
· Setting up a store on Artisanstores.com is an option available to you with the different packages and corresponding fees. Please see our Site Fees page for more details.
· When you list an item, you have an opportunity to review the fees being charged to your account. These fees may include any of the optional fees we have for upgrading your listing.
· After reviewing the fees, you may then accept them or cancel your listing. If you accept them, you are responsible for paying all fees associated with using Artisanstores.com.
· In the event Artisanstores.com introduces a new service or listing type, the fees for that service are effective at the launch of the service.
· All fees are in U.S. Dollars (USD).
· Artisanstores.com is An Online Marketplace, and it is a venue, not a retailer. Instead, Artisanstores.com acts as a venue to allow an individual who complies with its Membership Rules to offer, sell, and buy certain handmade goods that comply with the Membership Rules of Artisanstores.com within a fixed price format.
· Artisanstores.com is not involved in the actual transaction between buyers and sellers. Therefore, Artisanstores.com has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items and we assume no liability for such stated listings. Artisanstores.com cannot ensure that a buyer or seller will actually complete a transaction or that a buyer will make payment.
Artisanstores.com does not transfer legal ownership of items from the seller to the buyer.
E. Feedback
- Artisanstores.com has established a user-initiated feedback system to help you evaluate with whom you are dealing. Feedback is meant to be used for the buyer/seller experience with the item listed, how the transaction was handled and your level of satisfaction with such transaction.
- Appropriate feedback should be given when a transaction takes place as it is a very useful tool within our community.
- You may not use feedback to slander a person or his/her store, and you may not use abusive, profane, racist, sexist, or other bigoted sentiments. Such abuse will not be tolerated and will result in the termination of your account.
F. Resolution of Disputes
- Artisanstores.com's ultimate goal is to make you happy. Disputes between you and Artisanstores.com regarding Artisanstores.com's services may be reported to Customer Support through our online Ticket Support link.
- In the event a dispute arises between you and another user of Artisanstores.com, please do all that you can to reach an amicable solution between yourselves. If you are still dissatisfied after such efforts, you may contact us at support@artisanstores.com. However, although user satisfaction is our goal, Artisanstores.com has no obligation to intervene, mediate and/or resolve disputes between users, and it is solely at our discretion to do so. Should we choose to intervene in your dispute with another user, our role is limited to determining if there were any violation of the Terms of Use, and if so, taking appropriate action. Artisanstores.com is not qualified to, and shall not, pass judgments on legal claims between users.
G. Release
- In the event that you become involved in a dispute with one or more users, you agree to release Artisanstores.com, and Artisanstores.com's officers, directors, agents, subsidiaries, and employees, from any and all claims, demands and damages (actual and consequential) of every kind and of every nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, that arises out of, or is in any way connected, with such disputes.
H. Buyer Obligation
- Buyers are obligated to complete the transaction of a purchase of an item on Artisanstores.com in any store within two (2) days.
- Buyers are obligated to immediately pay in full if using PayPal by clicking the "Pay Now" button during checkout. A buyer must submit payment in full within two (2) days if paying by personal check, money order or "other" and must send the seller an email or Private Message to notify them that the payment is in the mail, within two (2) days of the transaction or as agreed upon in the sellers policies.
- Buyers who fail to comply with the payment requirements might have their sale cancelled and will also expose themselves to negative Feedback.
I. Seller Obligation
- Sellers must abide by all of Artisanstores.com's policies, the seller's own individual store policies, and must sell the item as described. Sellers who fail to comply may have their stores suspended and will expose themselves to negative feedback.
- Sellers must abide by the seller's own individual policies when dealing with other issues, such as issues of damage and returns.
J. Billing:
- At Artisanstores.com we use the honor system. You are responsible for paying all fees associated with using our site. A seller can clear their account balance at any time by going to the Members Area and processing payment thru PayPalTM or Google CheckoutTM. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the account. Please note if you reach the credit limit on your account you will not be able to list new items.
- To view the balance in your account at any time, simply click on "Members Area."
K. Listing and Selling:
- If you have an Artisanstores.com store, you are obligated to list items in your store. If your store is empty for more than 10 days it will be suspended.
- Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. All listed items must be listed in an appropriate category. You must properly describe your item and all terms of sale on the listing page of the Site or in your store. If the "in stock" quantity is more than one, each item in that listing must be identical. Each unique item must have its own listing.
- Store Policies: All sellers are urged to clearly outline and define their individual store policies (in their personal "MY Store") for their Artisanstores.com store. Examples of policies that should be included are shipping, returns, payment and selling policies. To avoid confusion and/or misunderstandings, it is important that you be very clear and descriptive in your personal policies. Artisanstores.com is a venue; therefore, Sellers are responsible for enforcing their own store policies.
- Binding Sale : All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner and courteous manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity. In these instances you must contact your buyer using the Message Board and Email to notify them accordingly.
L. Service Usage
- Competing services such as "Brick and Mortar" Craft Malls or other online based Craft Malls are not allowed to sell their vendor's products through our service. Each vendor must register their own account with us and be accepted by application.
- You understand that Artisanstores.com has no involvement in the transaction between you and the buyer. You will be responsible to promptly and properly deliver the purchased products in accordance with the terms of the purchase. You will also be responsible for directly handling any questions or concerns expressed by the buyer of such products.
- Artisanstores.com reserves the right, but has no obligation, to monitor activity on Artisanstores.com, including the investigation of any violation or purported violation of its rules. As a result of such investigation, Artisanstores.com, in its sole and absolute discretion, may take such action as it deems necessary to cause compliance with its rules and any governing law, including restricting, limiting or denying your access to Artisanstores.com, causing the editing or removal of a product page, or issuing a written warning of a rules violation and requiring that such violation be timely corrected. The following are examples of violations that Artisanstores.com, in its sole and absolute discretion, may take action upon:
-Referring visitors to another web site. Social Network Hub was created for this purpose
-Rude or unprofessional communication with customers or Artisanstores.com staff.
M. Liability Limit
- IN NO EVENT SHALL ARTISANSTORES.COM, AND (AS APPLICABLE) ARTISANSTORES.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ARTISANSTORES.COM SUPPLIERS BE LIABLE FOR ANY DAMAGES, WHETHER THEY ARE OF A DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL NATURE, ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT, OR OUT OF THE CONDUCT OF YOU OR ANY OTHER PERSON IN CONNECTION WTH THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, EMOTIONAL DISTRESS, BODILY HARM, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
- ARTISANSTORES.COM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ARTISANSTORES.COM SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO ARTISANSTORES.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
N. Indemnity
- You understand and agree that Artisanstores.com cannot and does not attempt to verify the information you post on Artisanstores.com or provide to any prospective purchaser concerning your products, or monitor your compliance with the terms of this agreement.
- You further understand and agree that Artisanstores.com is not involved in the sales transaction or the delivery of the products purchased, Artisanstores.com cannot and will not accept any liability that results from the display, offering for sale, sale or delivery of your products through Artisanstores.com.
- Accordingly, you agree to defend, indemnify and hold harmless Artisanstores.com, its officers, directors, employees, affiliates, agents, attorneys, and any other related entity, from and against any and all demands, claims, actions, causes of action, liabilities, suits, proceedings, investigations or inquiries, or any settlement thereto, and all related expenses, including, but not limited, to all litigation expenses (including reasonable attorneys' fees and court costs) and settlement amounts, as well as all special and consequential damages and damage to Artisanstores.com's goodwill and reputation that arises from or in connection with the display, sale, transfer or use of your products displayed upon or acquired through Artisanstores.com.
O. Notices
- Any notices to you shall be sent to the e-mail address you provided to Artisanstores.com, or at Artisanstores.com’s sole discretion, via certified mail, to the address provided to Artisanstores.com during the registration process.
- Notice by e-mail shall be deemed given 24 hours after your e-mail is sent, unless the sending party is notified that the email address is invalid.
Artisanstores.com reserves the right to alter this Disclaimer at any time without any prior written notice.