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Business conditions of Handmade.net

By registering at, and utilizing, the Internet server Handmade.net (hereinafter the Server), the user assents to the following contractual terms. The following text represents a stipulation by and between the operator of the portal and the registered visitor.

Short summary of rules

  • Handmade.net is a trading spot which intermediates the sale and purchase of hand-made goods and artworks (the sale of creative materials is also permitted, under special terms) by and between the Seller and the Buyer. Handmade.net is not the seller of the Goods.
  • Registration at Handmade.net is free.
  • The display of the Seller’s Goods and other services is paid for.
  • The Buyer does not pay any charges or commission to Handmade.net for the procurement of the sale; Goods are paid for using the PayPal system.
  • The Seller undertakes to pay (see below) the provider (i.e. Handmade.net) the commission for the intermediation of the sale which comes into force and effect by the confirmation of the order by the Buyer. If the Buyer does not pay the price of the Goods (and, therefore, does not receive the Goods), the Seller may apply for a deduction from the commission in any of the subsequent months. The commission from the sale shall be deducted from the Credits of the Seller for each intermediated sale.
  • Handmade.net, as the operator of the server, does not sell Goods and therefore shall not be responsible for the Goods being sold (for the correctness of the image of the Goods, their quality, availability, etc.) and shall not be responsible for the process of purchase and sale, for any complaints and/or any eventual disputes between the Buyer and Seller. Handmade.net shall also not be responsible for cases where it is revealed that the identity of the registered user is not correct. Handmade.net does not verify the identity of Sellers and/or Buyers.
  • Handmade.net does not participate in the content of the offers, description of the Goods, or information on the registered users. Community contents created by the employees of Handmade.net, e.g. comments, posts on message boards, etc., are regarded as unofficial and they cannot be referred to in the event of any disputes.
  • The users of Handmade.net are obliged to adhere to the legislation of the EU and to respect the fundamentals of good manners. Treat others as you would like to be treated.

Formula clause

Provider: 
Gastrogolf s. r. o.
Šlechtitel┼» 583/1
772 00 Olomouc
Reg. No.: 28577311
Czech Republic

(hereinafter the “Provider”), on the one hand,

and

the Registered User

conclude this stipulation. The Provider allows the User to utilize the Handmade.net server for the purpose of the intermediation of the sale and/or purchase of hand-made products created using creative techniques and of related goods.

I. CONDITIONS OF USE

Trading activities at Handmade.net are public activities and they are available to registered physical persons 18 years of age or over and registered legal entities that have full capacity to enter legal acts, except for Users whose registration was cancelled by the Provider.

Neither Users nor applicants for concluding a contract have any legal title to use the Handmade.net server or to conclude any contracts. The Provider reserves the right to refuse registration to any applicant for registration and/or to withdraw from a contract with any existing User or to restrict their access to some services, even without specifying the reasons.

The Provider does not guarantee, in any way, the maintenance and/or preservation of any and all User data, and the continuity of operation of the service.

II. REGISTRATION

The condition for the sale and/or purchase of Goods through Handmade.net is the approval of this Contract and free registration of the User.

A User who is a physical person or an unincorporated association of physical persons represented by a single person shall register, specifying their first name, surname, full address (permanent or temporary), e-mail address, telephone number, username and password. The User shall inform Handmade.net of any and all changes to the above data and to update such data regularly.

The Provider is permitted to provide to a Seller or to a Buyer any necessary data about the counterparty (by reason of sending the Goods, filing a complaint, etc.), including full name, telephone number, place of permanent or temporary abode, and vice versa.

Users have access to their data and may change them. Users are also authorized to apply for their removal from the database after finishing their activities at Handmade.net.

Users are entitled to own more than one user account; however, it is forbidden to use one or more of their accounts for breaking this Contract (e.g. manipulation of the accounts for the purpose of hiding one’s identity, or for manipulative promotion).

The registration is confirmed using an automatically sent e-mail confirmation. Registrations not verified in this way are non-functional and invalid.

III. CREDIT SYSTEM

The placement of Goods and commissions from sales and other paid services are paid in the form of credits which the Seller acquires through the payment of a charge using the services of PayPal. The number of credits acquired for the amount paid shall be determined by the Provider once a year and announced by e-mail to the Users of Handmade.net, at least one month in advance.

The validity of the credits is not time-limited. Purchased credits shall lose their validity upon the discharge of the registration.

In case of the overdrawing of credits, i.e. their passing to a negative condition, the User is notified forthwith by e-mail to increase the credit. If the increase does not take place within 7 days after the notice has been sent, the products of the User shall be removed from the Handmade.net system.

For the placement of the Goods of the Seller for a period of six months, the Provider sets a price of 10 credits for each product (1 credit = 1 US cent).

IV. PRICE OF CREDIT

The price of the credit has been set by the Provider to be 100 credits per USD 1, and the minimum amount to be paid is USD 5.

V. FORBIDDEN GOODS

It is forbidden to offer Goods, the offer, sale, purchase or use of which is in conflict with good manners or valid legal regulations. It is forbidden, in particular, to offer Goods which do not conform to the focus of activity of the server, Goods to which the Seller has no right of sale, or Goods which are mortgaged or otherwise have their dispositions restricted. Furthermore, it is forbidden to sell guns, alcohol, intoxicating or psychotropic substances, pornographic materials or otherwise disturbing pornographic or erotic materials, Goods which violate intellectual property rights (i.e. those which break rights to registered trademarks and/or marks of origin, illegal duplications of author crafts, etc.), or Goods intended for the promotion and dissemination of the beliefs and opinions of extreme leftwing or extreme rightwing movements.

The Provider reserves the right to remove such forbidden Goods from the system.

The Provider also reserves the right to remove, in exceptional cases, such Goods from the system without even stating any reasons.

VI. PURCHASE OF THE GOODS

The Buyer selects the Goods from the Sellers, being aware that Handmade.net is not the seller and that the separate Goods come from the Sellers, who are Registered Users of Handmade.net. The Provider is not liable, in any way, for the Goods being sold. The Provider thus only mediates the sale and purchase of hand-made goods.

The Buyer acknowledges that the Goods they place in their shopping cart may come from several Sellers and the Goods the Buyer orders within one order are not necessarily to be accepted as a whole and are not necessarily to be supplied all at once.

The Buyer acknowledges that an order from multiple Sellers also includes more than one postal charge. The overall amount for the Goods and for the postal charges is always displayed when the order is finalized.

The Buyer acknowledges that by sending the order they only inform the Seller of their intention to buy such Goods, while the Goods shall only be sent after the confirmation of the order by the Seller(s) and the payment of the amount due for the Goods by the Buyer.

The Buyer acknowledges that the Seller is entitled to reject an order as a whole or in part. In such cases, the Buyer shall pay only for the confirmed part of the order.

The Buyer does not pay any charges or commission to the Provider for the mediation of the sale. The Goods are paid for directly in advance to the Seller’s bank account (or otherwise, as per the payment terms of the Seller).

VII. SALE OF THE GOODS

The Sellers are allowed to offer their own new hand-made goods and artworks, artistically renovated goods, or creative materials through Handmade.net, as per the following definitions:

  • Hand-made goods are goods created personally with creative invention. Such goods may contain components manufactured in series, but such components must be composed with creative invention. Hand-made goods must be unused. Artworks are goods created with creative invention but not necessarily hand-made (for example photographs, computer graphics, etc.).
  • Artistically renovated goods are goods artistically renovated with creative invention. The Seller is obliged to call attention to this fact in the case of goods of this kind (merely listing them in the renovated goods category is not a sufficient precaution).
  • Creative materials are goods which serve for creative activities and therefore are components or instruments of hand-made works. These include various creative components, hand-made accessories and materials, instruments, books and magazines with creative content, etc. If the materials are second-hand (books, instruments), the Seller is obliged to call attention to this fact.
  • Other goods allowed for sale are manuals, on-line courses and documents closely related to hand-made and creative production.

Each item published in the selling part of the server must be specific Goods intended for sale.

The Goods must be categorized according to the nature of the Goods.

Neither the type of Goods nor their image or description may contain contact information about the Seller (name, surname, telephone number, e-mail, web page, etc.). Such contact information (or encouraging them to search for it elsewhere via the Internet) must not be present in any other written or visual sale-related elements, such as comments, discussions, blogs, etc.

Neither the type of Goods nor their description may contain any key words used for the purpose of manipulating search results.

Neither the caption of the Goods nor their description may contain elements of HTML, JavaScript, Java and other programming languages, especially with the intention of affecting the content or marketability of the Goods or otherwise impairing or jeopardizing the functionality of the Handmade.net server.

The Goods that are offered and their image and description must fully and truly represent the reality (in the case of photographs, we also recommend using optional photographs). The depiction of the Goods and their description must sufficiently inform the Buyer as to minimize any possibility of confusion or erroneous notion of the visitors about the depicted Goods.

It is forbidden to use photographs which may violate copyright law (e.g. photographs from magazines, photographs for which the Seller has no copyright, etc.).

It is forbidden to offer for sale Goods which violate copyright law (e.g. reproductions of licensed artworks, etc.).

It is forbidden to offer services (except for the offers in the Courses category); the subject of trading is always Goods – tangible things. Such tangible things include electronic works captured on tangible media (CD, hard drive, etc.).

It is forbidden to sell any Goods for the manufacture and/or sale of which the Seller has no corresponding authorizations (e.g. foodstuffs without adherence to sanitary standards, products made of precious metals which are not registered at the assay office, etc.).

It is forbidden to sell Goods which are not hand-made by the Seller or a selling team, or to resell Goods made by another Seller, except for any Goods modified by the Seller (e.g. processed materials or hand-made products creatively manipulated or processed and sold without the original author’s knowledge).

If it is necessary to use computer simulation or computer retouching which fundamentally changes the character and substance and/or use of the Goods or which, for some reason, cannot inform the Buyer fully about the nature of the Goods (e.g. 2-D or 3-D visualization, an offer of Goods from previous sales with some elements changed, graphic designs for prints, etc.), the Seller must call proper attention to this fact in the description of the Goods or directly in the picture (e.g.: “the picture is for reference only”, “the picture is a 3-D visualization”, etc.).

The Seller displays the Goods through an electronic form where all required items must be stated.

All prices stated by the Seller are final prices with VAT.

The Seller is entitled to delete the Goods offered at any time or to hide them for an indefinite period of time. The Seller may also change and edit the description of the Goods.

The Seller is informed of the intention of the Buyer through the Handmade mail service and also through a listing in the Order section. Such information is not binding and the Seller may withdraw from it by rejection of the order.

After receiving the notice of an order, the Seller is allowed to accept the order in part only by marking suitable items only. The Seller is then required to supply to the Buyer only those items which have been acknowledged.

The Seller undertakes to dispatch the Goods as soon as practicable after the receipt, confirmation and payment of the order, without unnecessary delay.

The Seller is forbidden to communicate in any way (using internal mail or e-mail) with the customers of Handmade.net about the possibility of sales outside Handmade.net (including, but not limited to, links to the Seller’s own e-shop, instructions on how to find the Seller’s own e-shop, and/or the exchange of contact information) or the possibility of exchanging Goods without their purchase through Handmade.net (reciprocal service by compensation or mutual trade-off).

The Provider warns that the Goods presented or changes to their specifications may be displayed with a certain time displacement (caused by storing the temporary files on the part of the Users or caused by temporary files on the part of the server).

VIII. COMMISSION FOR THE SALE OF GOODS

The display of Goods at Handmade.net is paid for by the Seller’s credit. Handmade.net furthermore charges commission on confirmed orders. Such commission comes into force and effect as of the time of the confirmation of the order by the Seller. If the Buyer does not pay for the Goods (i.e. does not accept the Goods), the Seller is required to indicate this fact in the statement of commissions.

The commission from the sale is deducted from the Seller’s credit for each confirmed order of the Seller, and the Seller is informed of this fact by e-mail in the Payment of Commissions section. The Provider issues tax documents to the Seller upon request only (an overview is, however, visible in the Payment of Commissions section).

The Seller is informed forthwith of the overdrawing of credits, and the credits must be replenished within 7 days after the notice. In the event of non-observance of the date of payment, the Provider shall be entitled to suspend the sale of the Goods of the User, and if the credits are not replenished within 14 days, the Provider shall be entitled to cancel the account of the said User, to remove their Goods from the offer, to prevent re-registration at Handmade.net and to institute legal action to recover the amount due.

Handmade.net is not obliged to settle any disputes that may arise between the Seller and the Buyer, and the Seller shall not be entitled to request the return of the commission in the event of any disputes with the Buyer.

The current rate of commission has been set at 2% of the price of a confirmed order without postage, and shall be deducted from the credit of the Seller upon the order being confirmed.

IX. OTHER RULES FOR NON-SALE SECTIONS

It is forbidden to publish direct personal data in the comments, discussion and other community elements of the server.

It is forbidden to insert advertising notices or hyperlinks of an advertising nature except for the support of the User’s own business at Handmade.net (however, not by links that lead outside the Handmade.net server).

It is forbidden to perform any activities which may be classified as spam. These include, for example, sending repeated or bulk advertising or otherwise annoying information using internal mail, or placing repeated or bulk advertising or otherwise annoying information in the discussions or comments.

It is forbidden to perform any activities which may be classified as unfair competition (e.g. to register any usernames which may, through eventual confusion, aggrieve the original Seller, to communicate or solicit Goods with a view to confusing the identity of the Seller or of the Goods, etc.).

It is forbidden to use community elements of the server (discussions, comments, etc.) to publicly undermine the authority of the Provider, or otherwise to express disloyalty towards the Provider and/or employees of the Provider by one’s behaviour.

It is forbidden to publicly impair or attack the Sellers and the Buyers. A negative evaluation (User Evaluation section) is not classified as impairment. In the event of disputes we recommend solving them through internal mail or by contacting the Provider. The Provider is not accountable, in any way, for any disputes that may arise.

X. PROTECTION OF PERSONAL DATA

The User is required to provide true information. The Provider protects any and all information sent upon registration by Act No. 101/2000 Coll., on the protection of personal data, as amended, as per the legislation of the Czech Republic and the EU, except for handing over such information to the counterparty at the moment of the completion of a purchase agreement under valid legislation.

The Registered User accepts that upon the completion of a sale, any and all personal data are handed over to the counterparty (solely), i.e. to the Seller or to the Buyer. These include, in particular, their name, surname, address and telephone number.

The Provider shall also be entitled to hand over a reasonable portion of personal data in the event of any complaints about the quality of Goods or failure to deliver Goods.

XI. CONSENT TO THE USE OF PHOTOGRAPHS

By uploading any and all photographs, the Seller gives permission for the photographs of the Goods to be used for the promotional purposes of Handmade.net in order to popularize the server Handmade.net. The Seller also agrees that Handmade.net may submit the photographs to third parties (e.g. women’s magazines, fashion servers, etc.) but solely for the purpose of popularizing Handmade.net.

Each photograph or set of photographs used in such a way shall be marked with the Handmade.net logo or with the text ‘www.handmade.net’ in a way that makes it evident that such a product is being sold through Handmade.net.

The Provider undertakes not to use photographs uploaded by Users for purposes other than to popularize the server, and that the Provider shall deal with third parties in a similar way.

The Provider declares that it shall make all efforts to inform the Seller in advance of any and all particular use of any and all photographs uploaded by the User.

XII. FINAL DISPOSITIONS

The Provider reserves the right to terminate this Contract (i.e. to exclude from participation in Handmade.net) those Sellers and Buyers who violate the rules of Handmade.net and/or who are not willing to cooperate with the administration of Handmade.net in resolving standard or exceptional situations.

The Contract concluded under these business conditions shall be governed by the legislation of the Czech Republic and the EU. The Provider reserves the right to change the provision of any services, as well as to amend these business conditions, even without prior notice.

The Contract may be terminated by a notice in the form of signing off by the User or by the Provider. Such termination comes into effect at the moment of the declaration of the wish and the delivery of the wish by e-mail.

version 1, 30.07.2010

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