Makers Terms and Conditions
Suffolk Made Makers (SMM) terms and conditions:
- 1. Welcome to Suffolk Made.
1.1 These terms and conditions of use agreement governs the use of the Suffolk Made.com web site. By using and becoming a member of Suffolk Made you the Maker must read, accept and agree to be bound by the terms and conditions of use agreement which is effective upon acceptance and agreement and constitutes a legally binding agreement between you and Suffolk Made annually.
1.2 Suffolk Made may change this agreement annually and such changes will be posted to you via email, for your approval, in renewing the legally binding agreement.
- 2 Suffolk Made Environment
2.1 Suffolk Made provides a website environment which facilitates the online offer, sales and purchase of certain hand made crafts for Suffolk Made makers. Suffolk Made does not guarantee continuous, uninterrupted access to the site, and operation of the site may be interfered by factors outside of Suffolk Made’s control.
2.2 Suffolk Made does not at any point have possession of anything listed or sold through the site, is not in the position to ensure completion of any transaction nor effect transfer of legal ownership of any item or items from seller to buyers.
2.3 Suffolk Made cannot guarantee any aspect of the items listed by makers which have been posted on the Suffolk Made site and Suffolk Made is not liable for content of any nature including but not limited to text, users name, artwork, images, graphics, photographs, data and craft process information by any maker.
2.4 Suffolk Made is not in the position of controlling or guaranteeing the quality, safety, morality, or legality of any item offered for sale nor any detail relating to the true identity, age or nationality of any maker, whether such maker is acting as a buyer or seller in respect of any particular transaction or series of transactions.
2.5 You will not hold Suffolk Made responsible for the actions or inactions of buyers or for ensuring that they actually complete transactions.
2.6 Suffolk Made does not control the content provided by Makers that is made available on Suffolk Made. You could find some content to be offensive, harmful, inaccurate, or deceptive. Not withstanding our membership eligibility there are risks with dealing with underage persons or others acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Suffolk Made, you agree to accept such risks and that Suffolk Made (and Suffolk Made’s directors and employees) is not responsible for any act or omission of users on Suffolk Made.
2.7 All makers use the Suffolk Made service at their own risk. Please use caution, common sense and practice safe selling when using Suffolk Made. You accept sole responsibility for legality of your actions under laws applying to you and the legality of any items you list on Suffolk Made.
- 3 Membership:
3.1 Eligibility: All makers must be approved through the Suffolk Made selection process, and must be originally based in Suffolk and/or make all products by hand in Suffolk. This must be your original product or products and not be produced by a wider or mass production method.
3.2 Suffolk Made reserves the right, at Suffolk Made’s sole discretion, to cancel makers. There will be an annual review of all makers on the site. Suffolk Made reserves the right to refuse service to anyone, for any reason, at any time due to a breach of these terms and conditions.
3.3 Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address, address and telephone number.
- 4 Using Suffolk Made.
4.1 You are solely responsible for all products that you submit to Suffolk Made website including any and all text, artwork, data, art and craft process information.
4.2 You must not use the Suffolk Made website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
4.3 You must not use the Suffolk Made website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse worm, keystroke logger, route kit, or other malicious computer software or technologies that may harm Suffolk Made or the interests or property of Suffolk Made users.
4.4 You must not conduct any systematic or automated data collecting activities, (including without limitation scraping, data mining, data extraction, and data harvesting) including email addresses, on or in relation to Suffolk Made website, without Suffolk Made’s express written consent.
4.5 All product images supplied to and or by Suffolk Made Ltd may be used periodically within the Suffolk Made website, and Suffolk Made promotional material. Suffolk Made will not release your images to a third party without your prior permission.
4.6 By listing any item on Suffolk Made you warrant that you and all aspects of the item comply with Suffolk Made’s terms and conditions of use. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale when joining Suffolk Made. Your listing may only include text description, graphics, pictures, and other content relevant to the sale of that item.
4.7 All items will be listed in an appropriate category with appropriate tags at the discretion of Suffolk Made. Each listing must accurately and completely describe the item/items for sale in that listing. All makers must abide by the Suffolk Made policies of shipping, returns, payment and selling. The price stated in each item listing description will be agreed prior to sale on form 1A. This will include a delivery charge which is not artificially inflated.
4.8 Makers must insure all products against damage and non-delivery and use a delivery service that requires a signature for proof of delivery. It is the Makers responsibility for all postage and packaging costs and liabilities.
Your inclusion on Suffolk Made’s site must not:
- Include the listing of items which are not: Hand made and/or created by your self.
- Include items handmade by a third party. ( unless you have prior consent for Suffolk Made admin)
- Be false, inaccurate or misleading.
- Involve the sale of counterfeit or stolen items or otherwise infringe upon the copyright, patent trademark, trade secret or other propriety or intellectual property rights of third parties or rights of publicity or privacy.
- Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person ( including Suffolk Made staff) or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or any other method or device.
- Be obscene or contain child pornography.
You must not:
- Distribute or post spam. Chain letters or pyramid schemes to Suffolk Made users.
- Modify, adapt or hack Suffolk Made or modify another website so as to falsely imply that it is associated with Suffolk Made.
- Appear to create liability for Suffolk Made or cause Suffolk Made to lose, (in whole or in part) the services of Suffolk Made’s suppliers.
- Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer’s identity.
- 5 Fees and Services
5.1 There are several opportunities to submit work for selection per year. The application to forward your work is attached, see Form 2A. If successful, you will be invited to provide photographs of your products to a Suffolk Made specification, including a portrait of you, the maker. All images posted onto Suffolk Made will be produced by and the property of Suffolk Made Ltd.
5.2 There is an administration fee of £250 to be listed on Suffolk Made website, payable in advance, this will be waived for all makers who go live on the site prior to June 2011. We charge a 22% commission fee on the makers stated price exclusive of the carriage cost (see form 1A) when a transaction is completed. You will be notified in writing at least 14 days in advance if there are any changes to these fees. Unless otherwise stated all fees are payable in British currency.
- 6 Content License
6.1 All images displayed on the site are owned or properly licensed to Suffolk Made to use on the website for an agreed time by any third party who owns the intellectual property rights.
6.2 You will grant all content provided to/by Suffolk Made a license to non-exclusive, worldwide, annual, royalty-free, sub licensable (through multiple tiers) right to exercise the publicity and database right you may have in the content, in any media known now or in the future. (Suffolk Made needs those rights to host, display and market your content)
6.3 You also agree to allow Suffolk Made to store, reformat (simply re-sizing for a specific purpose, however it should not include any other alteration to the images such as cropping, unless by specific consent) and display your Content on Suffolk Made in any way Suffolk Made chooses. When posting Content on Suffolk Made another website or third party may be able to re-post such Content. You agree to hold Suffolk Made harmless for any dispute concerning any such reposting. If you choose to display any image included on Suffolk Made website on another third party website, where possible, this image must provide a link back to its listing page on Suffolk Made.
- 7 Makers Information
7.1 The Suffolk Made website enables makers to share certain information in order to complete transactions. As a part of a transaction makers may obtain personal information, including email address, user identification, postal and financial information from a Suffolk Made buyer. You agree that this personal information shall only be used in accordance with applicable laws and regulations (including without limitation, data protection laws)
- 9 UK Tax including VAT
9.1 You are responsible for all applicable taxes in respect to your selling on the Suffolk Made site. In the UK VAT on sales transactions are subject to fiscal regulation including for example, the sales threshold for whether a seller’s business should be registered for VAT, whether a seller is required to charge VAT on sold items, and, if so, how much VAT should be charged on those items.
9.2 If VAT is legally due, the maker bears the responsibility of paying that VAT to the tax authorities. If there is any question as to the seller’s VAT (or any other tax liability) the maker should consult an independent advisor and/or local tax authority. Makers must include VAT in the listed price of the item.
- 10 Liability
10.1 Suffolk Made (including Suffolk Made’s officers, directors, agents or employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by Suffolk Made out of use of the Suffolk Made site.
10.2 In no event shall Suffolk Made (including Suffolk Made’s officers, directors, agents or employees) be liable for any damages relating to the conduct of you or anyone else in connection with the use of this site, Suffolk Made’s services or this Terms and Conditions and Use Agreement including without limitation lost profits, bodily injury, emotional distress or any special incidental or consequential damages. Suffolk Made’s liability (including Suffolk Made’s officers, directors, agents or employees) to you or to any third parties in any circumstances is limited in any 12 month period to the greater of a) the amount of fees you have paid to Suffolk Made for listing and any other services or b) £100.
- 11 Compliance:
11.1 You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Suffolk Made’s service and your listing, purchase, solicitation of offers to purchase, and sale of items including online conduct and acceptable content.
- 12 Jurisdiction:
12.1 This Agreement is governed by and interpreted in accordance with the laws of England and Wales. SuffolkMade.com is a domain name owned by Suffolk Made Ltd registered in England and Wales. Reg no:7284837.