Termini e condizioni
When you register at our website Handcrafts.ch you agree to follow our guidelines and rules. The following content represents a legal contract between the service provider (Handcrafts.ch) and a registered visitor (user).
Here is a short brief of the rules:
* Handcrafts.ch is an online marketplace; we provide and run the venue and basically work as a middle man between the seller (producer of the goods) and a buyer. Users can offer and buy original handmade and artistic products (including craft material and tools under special conditions)
* Registration at Handcrafts.ch is FREE
* The publication of the first 50 products is completely free. For each additional product, we charge the sellers a one-time non-refundable fee of 0,25CHF per item for the opportunity to present their products at our website.
The seller also pays a 5% commission fee monthly (see details below) for mediation of business. This obligation arises the moment a buyer confirms an order to a seller and payment for the order comes through. If, for any reason, a buyer does not pay for the order (and therefore the products are not sent), the seller may ask for a commission discount in one of the following months. You can see the total commission charge based on your sales in your monthly statement under the „Commission payments“ section.
* The buyer does not pay any fees or charges to Handcrafts.ch for the mediating of purchases. The buyer only pays for their order directly to the seller's account in advance.
* We at Handcrafts.ch are not responsible in any way for the items on offer in terms of their accuracy, quality, characteristics, availability, safety or legality, etc., and we are also not liable for any disputes or discrepancies during the trade between a seller and a buyer. Any legal claims must be brought to the seller directly, who will deal with them at his/her own expense.
* Our users are required to provide correct information about themselves at the registration, however, we, as a service provider, cannot take responsibility for cases where it becomes evident that the data provided by users are not correct, legal or decent, as it is not in our power to verify the identity of either a seller or a buyer.
* We do not take any part in producing, storing, listing or inspecting of any content presented by users, only users are responsible for accurate goods' description, images, and information about themselves.
* The users of Handcrafts.ch website are obliged to follow the legal system of Swiss confederation, and to have good manners and be polite to each other. Treat others as you would like to be treated.
Legal clause
Handcrafts.ch
(the “Service provider”, “Provider”, “We”, “Us”)
and
a registered user
agree to enter into a business agreement. The objective of this business agreement is providing access to website the Handcrafts.ch with the aim of buying or selling of original handmade items made by creative techniques, or items of similar character (see full specification below).
Terms and conditions
We are a public website and any person 18 years or older or any business entity with the full legal capacity, can register and participate in trading activities, unless we cancel their registration for any reason.
There is no legal ground for registered users or registration applicants to demand using the services of the Handcrafts.ch website or to force entering a business contract with us. We reserve the right to refuse any registration applicants or to withdraw from the contract with a registered user or to limit his/her access to some services, at any time, for any reason.
The user uses the Handcrafts.ch website solely at their own risk – we will try our best to keep your data safe, however, we cannot guarantee the security or availability of our services, absence of viruses or other malware.
When you use the Handcrafts.ch website, you agree to follow the set of rules and conditions stated above.
Registration
The use of our trade mediating services is conditioned by agreeing to this contract and free user registration.
To become a registered user you must provide:
A. Accurate information such as full name, address (either permanent or temporary), email, phone number, username and password, if you are a natural person
B. Accurate information about trade name, company registration number, main office address, email, phone number, full name of executive director, username and password, if you are a business entity user.
The users are responsible for keeping their personal data up-to-date, and must inform the provider about any changes without delay. Users can change their information on their Handcrafts.ch account profile in the “Personal data” and “Invoice data” sections.
The user authorises the provider to give any necessary information about the seller or the buyer to the opposing party as a part of the mediating service (for example, we will give a seller the address for sending goods, or give the buyer the seller's payment details). The personal data may include their full name, trade name, phone number, temporary or permanent address or main office address, to name a few.
You, as a registered user, have full access to your personal data, you may change them or have them deleted upon termination of your user account at Handcrafts.ch. It is your responsibility to keep your login details safe.
You can register more than one user account, however, all your accounts must be listed on your profile. You are not allowed to use your accounts for misleading or damaging other users in any way or in conflict with this agreement (that is hiding your identity, manipulating your sales in any way, and so on).
Registration cannot be transferred to another user, unless agreed otherwise by the service provider.
Registration process is complete with the verification of the user's email by email confirmation. Without a confirmation email, registration is not complete and therefore not valid. By registration confirmation, a contract is concluded between the user and the service provider Handcrafts.ch.
Your content
You are solely responsible for your content. Please make sure that your content does not violate our terms of use, legal clause, or legal code of the Swiss confederation, otherwise it will be removed by us. We also reserve a right to remove any content from our system, at any time, for any reason and without a notice.
Buyer's policy
Please understand that handcrafts.ch website does not produce or sell any of the items directly, we only offer intermediary services for the buyers and the sellers. We simply provide the place. The items are made, presented, and sold directly by users registered as sellers. Therefore we take no responsibility for the items on offer.
You can choose to buy items from various sellers but be aware that the time your orders are processed, confirmed and delivered may differ from one seller to another. In addition there will be a postage fee for each package so check your order summary for the total.
Please understand that sending an order have only informational character. Sellers may refuse your order or any part of an order, so please wait until you receive a confirmation email from the seller and then only pay for the confirmed items. Items will be sent after the payment is received.
As a buyer you don't pay for our services. You only pay the seller for the items you order, usually directly to their bank account (unless agreed otherwise).
Selling items
Definition of items
Our main focus is providing a place where local sellers can offer and sell their handmade and art products. As a complimentary service, we also allow selling of recycled items, vintage, craft supplies and tools, as well as creative craft courses.
The terms are defined below:
Creative handmade items are original products made by a seller (or a member of “Creative production team”, see “Creative production team” term) that shows distinctive signs of creative handmade or artistic work. Such items are creations of handwork, meaning they are created or modified by hand, or are a product of creative intellectual activity (items that are creative but not necessary handmade – designs, patterns, graphics, etc.). Such items must be new, unused (unless they are vintage or recycled, see below), unique (not produced for a wholesale) and the original work of the registered seller or the “Creative production team” (resale is strictly prohibited).
Items that are not considered creative handmade items, or handicraft, include the products of basic tailoring (fitting, clothes adjusting) or basic workmanship assembling prefabricated parts (walk-in closets or furniture).
Items, components and tools designed for creative work are not considered creative handwork items, and need to be placed in the “Materials” section.
Recycled items are used items that have been somewhat recycled in a creative way. The buyer needs to know that the item is not new but recycled, so the seller needs to place this information visibly in the items description (placing recycled items into the “Recycled items” category is not sufficient enough). There needs to be enough visible creative or artistic change to the product, the scope of creative work will be taken into consideration when accepting recycled items (we won't accept small adjustments to a SecondHand product).
Vintage items are items of historic and artistic value that are 30 or more years old (it may be even more restricted in some categories). Such items must not be modern handmade products. Another must for vintage is historic and artistic value, in either an original or renovated condition (only in original state, as not to change its original character or image). Vintage items must be listed in the “Vintage” category. Recycled, modified or converted items, where original state or image has been changed, cannot be presented or listed in “Vintage” category. Such items are defined as handmade or recycled, and belong to different categories.
Craft material and tools are materials used for crafting, creative hand making, and are either a part or a tool in a creative process. This includes various creative components, handmade accessories and materials, tools, books and magazines with handcraft themes, etc., not items that may appear as material but in fact, is the final product (clothes, shoes, etc.). These items must be placed in the “Material” or “Handmade material” sections only, or they will be removed. If the material is in used condition (books, magazines), the seller is required to inform the buyer.
Craft (creative) courses are courses that teach art, creative or craft techniques, either in the form of personal attendance or online courses. If you offer creative courses please state the final price not just a deposit.
Items that do not comply with these terms will be reclassified by Handcrafts.ch administrators to category “unavailable”. Such items will not be listed on sale unless changed or revised.
Seller
The seller may be any natural person or a business entity that is acted by an executive director. They must 18 years or older to register at Handcrafts.ch website. The term seller includes an association of natural people (authors) represented by an appointed person (so called “Creative production team”).
Creative production team is a group of people (creators) who closely cooperate in the creative process and as members of such a team, they all agree with the representation and the selling of their items on our website. The team must select a representative who is legally accountable for their trade activities on our website, and will be stated in the personal and invoice details on their profile. If necessary, the selected person must provide contact details of all the remaining members of the team (for example to verify their details under the business agreement). The profile must clearly state that it is a group profile (for example: ”We are a team of..... and we sell... under the name....”), and only one profile can be used for selling group items (it is not possible to offer group items under personal accounts of team members).
Your content
Items on offer must be accurate in terms of image, description and must correspond with reality. Item's representation and description must be informative to that scope, that any possibility of misunderstanding or confusion is minimized as much as possible. Any legal claims related to a listed item will be brought directly to you and will be dealt with at your own expense. Every item listed must be a real product available for sale (please do not list an item as an example).
To list an item, the seller needs to fill in an electronic form with all mandatory fields and assign an item to a category that resembles their character the most. We are not responsible for your content and cannot make any warranties about the quality, safety, legality or accuracy of represented items but please be considerate and only place items that are not offensive or inappropriate or we may remove your content and even your user profile.
Prohibited items/data
- Authorship
It is strictly prohibited to sell any items that are not self-made by the seller (or items that are not his/her own graphic/design), or made by the “Creative production team” (see the Seller section), or to resell items from another seller (only exemption is „Material“ and „Vintage“ items). It is simple, only offer and sell stuff that you make and that you have the right to sell.
- Services vs. goods
It is prohibited to sell services (except for creative craft courses). The subject of trade must always be a product (a physical item) with strictly defined price and characteristics so the buyer may be able to add the item into a basket and buy. Physical items include intellectual work that is recorded to hardware (CD, hard disk, etc.).
- Copyright infringement
We strictly forbid selling items that cause or may cause copyright infringement. Your content must be your own and you must have the authority to sell it. When you use pictures, you must ensure you have their author's permission and don't use pictures that may cause copyright infringement (for example, pictures from magazines, catalogues, other websites, and so on).
- Permissions, certificates and licenses
It is your responsibility to obtain any necessary licenses, permissions and certificates required by law for selling or making your products (food products or jewellery to mention a few). The fact that you comply to all legal requirements and own such licenses, permissions and certificates must be mentioned on your profile otherwise we will assume you do not, which will result in us removing these items from the listings.
- Unacceptable practice
Do not offer your items under various catalogue numbers but do list them in a correct category only and enter a correct number of stock in the “Amount” field. Also don't use programming language or its elements (incl. JavaScript, HTML, PHP) in either the item's name or its description. If you do so, we might assume you are trying to affect the volume of saleability of your items or threaten the functionality of our server and will take appropriate action.
Please do not use any unnatural keywords not related to the listed items, for the purpose of manipulating search results, in your items' title or their description.
Also make sure that if you tamper with the picture of a listed item by using computer simulation or Photoshop, you let the buyer know. If you change the nature, characteristics or use of the listed item, or if, for any reason you cannot inform the buyer about the real nature of the item (for example same type of product with different details, graphic designs for printing), you need to inform the buyer in items' description or at the picture itself (eg. Illustrational picture, 3D visualization, etc).
- Personal details
Title, description, keywords and picture must never contain any contact details of the seller (for example, no phone number, email, web address) with the exemption of name and surname, or artistic name. Your public details must not contain any further written or visual details suggesting how to find your products anywhere else besides at Handcrafts.ch (or prompting or instructing buyers how to find them elsewhere), that is, no comments, discussions, blogs, private messaging and so on. We also forbid you to discuss such possibilities privately with the buyer (eg. personal messages, comments, discussions, blogs, orders, etc.).
We do not allow the exchange of any items not traded originally at Handcrafts.ch (service in return or advance payment).
- Prohibited items
Any items that may contravene with any legal laws or good manners, either by their sale, purchase or use, are forbidden. We strictly forbid you from selling items that don't comply with our Terms of use, unauthorized, illegal items or items, where the owner's right have been suspended in any way.
It is prohibited to sell weapons, alcohol, drugs, drugs paraphernalia or medical drugs, medical items, porn, mature content items, items infringing copyrights, items that promote, glorify or support violence or hatred, items promoting left or right political extremity that suppresses human rights and freedoms and items that proclaim hatred against nationality, race, religion, or class or indeed hatred to any group of people.
- Sex and mature content
Pictures must not contain any mature content including nudity, picturing of people in explicit or suggestive poses or people acting in a way that may be provocative in a sexual way. The only exception being esthetical art nudes placed in the “Photography” section.
Price
The prices stated by sellers include VAT.
The seller must always state a full price for an item and only offer an item under an accurate and adequate price that mirrors the material, technique, work hours and art invention. We forbid you to sell items for advance fee only, if the final payment does not come through our website as well.
It is prohibited to price items inadequately with the purpose of selling them at any costs or to sell them with minimal commission.
Items adjustment
The seller may delete any of his/her listed items or hide them for unlimited periods. The seller may also change or adjust the description of the items at any time
Contract of sale
When a buyer expresses interest in buying a seller's item by ordering, we inform the buyer by email (any order may also be viewed in a statement in „Orders“' section). The order is not binding until confirmed by the seller and the seller may also refuse the order (using so marked function-button), or accept only part of it by the marking of the available items.
By accepting the order, both the seller and the buyer agree to a legally binding contract (distance sale) in accordance with the Swiss confederation laws.
The seller commits to sending items upon receiving and confirming of an order and the accepting of payment without delay.
Sales commission and fees
By placing an item at handcrafts.ch, you agree with a one-off fee of 0,25CHF per item. The Handcrafts.ch website also charges a 5% commission fee for any transaction mediation that takes effect on our website. A commission fee is charged monthly for every confirmed order. If a payment for a confirmed order is not received and ordered items are sent, a sale is not completed and the seller needs to indicate so in a monthly overview so the commission fee can be returned in the form of a discount in the following month statement.
The seller will be informed about their monthly commission summary by email, and in the “Commission payment” section. The provider also issues the seller a printable electronic invoice for tax purposes.
The commission payment due date is stated clearly on the issued invoice (due date is the day payment needs to be at the providers account), any payments past due may be charged additional penalty. Fee payment is only accepted directly to the provider's account (accounts), unless agreed otherwise.
Any overdue payment may result in the cancellation of that user account, removing of user's content and refusal of renewal of user account at Handcrafts.ch. Any overdue payments may be enforced by legal action.
Handcrafts.ch website is not liable for any disputes between the seller or buyer, any item claims, and the commission is not refundable under any circumstances.
The actual amount of the commission fee is 5% of the amount charged for sold item. Commission for every item is charged separately and the minimum amount charged is 0,10 CHF cents.
Other terms not involving sales
It is prohibited to share any personal details on the website (such as address, email, phone number, Facebook, and so on), in the shared community space (comment section, discussions, clubs, internal post, or other communication channels) or to suggest or offer their search. The only rule exemption is sharing the full name or artistic name of an author.
It is strictly forbidden to insert any marketing messages or links with advertising content with the exemption of promoting a user's own trade on Handcrafts.ch (not with web link outside handcrafts.ch website).
It is forbidden to generate any activities that could be classified as unsolicited mail (spam). This includes sending repeat or group marketing, irritating messages by internal mail or place repeat or group marketing or irritating messages in discussions or comments.
It is prohibited to create activities to promote unfair competition (for example registration of the similar name of an already existing user with the aim to damage, to use a former user's name or to communicate or offer items with the aim to confuse the user's identity).
It is forbidden, by using community activities such as discussion, comments or mail, to publicly undermine the provider's authority or to express disloyalty to the provider or its employees by your behaviour.
It is prohibited to damage or assail either buyers or sellers. Negative rating (“Rating of user” section) is not classified as a damage. If there is a dispute, we strongly recommend you to solve it in private by internal mail or by contacting the provider when necessary. The provider is not in any way responsible for any disputes or claims.
Personal data protection
We trust you to provide accurate personal information. We protect your personal data under the Act on the Protection of Personal Data and on Amendment on Some Acts, we are not authorised to share your data unless under the conditions specified below.
We are allowed to use personal details of our users, provided in the registration process, to operate the Handcrafts.ch website. The user expresses full consent to the providing of his/her personal details, including name and surname, trade name, phone number, address, main office address, and so on, to users-buyers that express interest in buying of items offered by the seller and vice versa. The user gives full permission to the provider to share his personal details in case of a complaint or a claim of an undelivered item or if the provider is required to do so by law.
Personal details are only permitted to be used to the dedicated purpose, that is to sell or buy on Handcrafts.ch, to make a claim or complaint about undelivered items or any other disputes related to sale or purchase, and are not be used or processed in any other way.
Permission to photography use
By inserting photographs of the items, the user gives full permission and rights to use them by the Handcrafts.ch for marketing and promotion purposes of the website. The user allows the using of the pictures by a third party (such as magazines, newspapers or other websites) to support the promotion of the provider.
We will make an effort to mark every picture with the handcrafts.ch trademark logo to ensure it is clear that an item is being sold on handcrafts.ch.
We commit to only use the pictures for promotion and marketing of the website and the same goes for passing them to third parties.
Final enactments
We may terminate or suspend your account (or accounts) and your access to our services at any time, for any reason and without advance notice. We may also terminate your account for not following the rules, not paying fees or not cooperating with day-to-day issues.
This contract, and its terms of use, is legally binding according to the legal code of the Swiss confederation. The provider reserves the right to change service providing of the contract or its terms of use, at any time without advance notice.
Any copying of website Handcrafts.ch content or its databases is prohibited.
To terminate this contract, the user needs to sign off. The termination becomes effective when delivered and approved by the provider.