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Thank you for choosing GoodCrafting.com to buy and/or sell craft items over the Internet. The following binding agreement sets forth the terms and conditions controlling our relationship, and your use of GoodCrafting.com (the "Site") to transact your business.
This is a binding, legal agreement. Your acceptance of it is evidenced by clicking on "Accept" below. Your continued acceptance is evidenced by your access to and use of the Site. If you do not accept these terms, do not click "Accept" and you must not use the website. If you have any questions, contact GoodCrafting.com, via e-mail, at legal@GoodCrafting.com.
The services provided by GoodCrafting.com at the Site are available only to individuals who can enter into and form legally binding agreements, as well as to legal entities (corporations, partnerships and the like) operating with all necessary authority. If you are not currently eligible for use of the Site (for example, you are a minor), or should you become ineligible at any time, GoodCrafting.com may refuse to provide any services to you or cease providing services to you when it becomes aware of your ineligibility. You further understand that your access or continued access to the Site is solely at the discretion of GoodCrafting.com and it may be limited or blocked at the discretion of GoodCrafting.com, whether due to your breach of this Agreement or for no cause or any other cause found by GoodCrafting.com, acting in its sole discretion.
As used in this Agreement, a "Buyer" is any person/entity who accesses the Site to acquire an item whether or not such item is listed for sale on the Site, and regardless of whether the Buyer acquires the item. A "Seller" is any person/entity who lists an item for sale on the Site, whether or not the item is bought. You could be both a Buyer and a Seller, if you both list goods for sale and access the Site to buy items. You will be responsible for adhering to the Buyer's terms when you are a Buyer, and the Seller's terms when you are a Seller. When possible, this Agreement just refers to you as "you."
Please be aware that GoodCrafting.com may amend this Agreement, or any schedule forming a part of this Agreement from time to time, and at any time, by posting the amendment on the Site. Any posted amendment shall become binding within thirty (30) days after its first posting. Please review the notices on the Site for any changes to these Terms and Conditions. Your continued use of the Site shall constitute your acceptance of the Agreement and any amendments. If you do not agree to any amendment, you must stop using the Site immediately.
SELLERS' INFORMATION & TERMS
Selling Your Goods: Once you have agreed to this Agreement by clicking "Accept" below and submitted the required information, you may display your goods for sale on the Site. Though GoodCrafting.com makes the Site available for the display of goods for sale and facilitates credit card transactions, apart from that, it has no involvement in the transaction between you and buyers. You will be responsible for promptly and properly delivering the purchased goods as you agreed with the Buyer. You will also be responsible for directly handling any questions or concerns about your items. GoodCrafting.com reserves the right, in its sole and absolute discretion, to determine within which category of goods your item shall appear on the Site, and it may re-classify the placement at any time, in its sole and absolute discretion. For information on posting items for sale on the Site, review the "Become a Vendor" page.
Fees: Our current fee schedule, made a part hereof by reference, may be reviewed on our Vendor Agreement. All fees are in U.S. dollars. Any costs or fees you incur because of using the Site (for example, hardware or software expenses, taxes or freight) are your sole and absolute responsibility. Check the Vendor Agreement regularly for changes. You agree that GoodCrafting.com shall be owed a fee (the "Service Fee") for the listing of your item on the Site, whether or not it ultimately sells.
GoodCrafting.com reserves the right, but has no obligation, to monitor activity on the Site, including the right to investigate any violation or purported violation of its rules. It, in its sole and absolute discretion, may take such action as it deems necessary, including restricting, limiting or denying your access to the Site, causing the editing or removal of a listing or registration on the Site, or issuing a written warning of a rules or law violation.
Representations And Warranties: You represent and warrant to GoodCrafting.com, its owners, officers, shareholders, successors and assigns that:
- You own your items for sale on the Site and/or you are free to sell such items, including but not limited to sales on or through, or facilitated on or through a global computer network, and are legally capable of selling such items and entering into and performing an agreement for their sale;
- Any item's description on the Site is true and accurate, and is not misleading or otherwise fraudulent;
- The items, when delivered to the buyer, are and will be free of material defect or damage; if they are found not to be by the buyer, you will immediately fix this situation the buyer's reasonable satisfaction;
- You will immediately handle any complaint or question about or against you;
- The items posted on the Site are safe, are not illegal or dangerous, and do not infringe upon anybody's rights of any nature (for example but not by limitation, trademark, copyright, patent or privacy rights).
- You will comply with all applicable laws, rules and ordinances. You accept terms of the vendor agreement and understand that if a product is returned by a dissatisfied buyer you will not be reimbursed for the shipping cost of that product.
BUYERS' INFORMATION AND TERMS
Representations And Warranties: You represent and warrant to GoodCrafting.com, its owners, officers, shareholders, successors and assigns that:
- You are legally capable of entering into this agreement for the purchase of items on the Site, and are willingly entering into and performing this agreement;
- You will comply with all applicable laws, rules and ordinances.
You have 24 hours from the time you buy an item to cancel your order without penalty. After that time, it is up to the seller whether they will accept your cancellation. If the seller has already begun work on your order and/or shipped it, and doesn't accept the cancellation, you will receive the item you bought. If, after you receive your item, you are not satisfied with it, you may return it to the seller, at your shipping expense, under the terms of the seller's return policy. Some sellers may be offering goods "AS IS" which means that you purchase them with any and all faults.
WITH RESPECT TO BOTH BUYERS AND SELLERS
Goodcrafting.com's website is provided "AS IS". GOODCRAFTING.COM DOES NOT WARRANT THAT ANY ACCESS WILL BE UNINTERRUPTED OR ERROR FREE. IN THE EVENT OF INTERRUPTION OF the website, GOODCRAFTING.COM'S SOLE OBLIGATION SHALL BE TO RESTORE SERVICE AS SOON AS REASONABLY POSSIBLE. Any and all representations, guarantees, and/or EXPRESS OR implied warranties with respect thereto, including but not limited to implied warranties of merchantability, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, fitness for a particular purpose, AND THOSE ARISING FROM COURSE OF DEALING OR PERFORMANCE, are EXPRESSLY DISCLAIMED. GOODCRAFTING.COM DOES NOT WARRANT THAT THE CONTENT OR OPERATION OF THE WEBSITE WILL BE WITHOUT DEFECT OR ERROR OR WILL SATISFY THE REQUIREMENTS OF YOUR COMPUTER SYSTEM. GOODCRAFTING.COM CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE WEBSITE, AND DISCLAIMS ANY AND ALL EFFECTS SAID WEBSITE MAY HAVE ON YOUR SOFTWARE/HARDWARE. DEPENDING UPON WHERE YOU ARE LOCATED, YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. NO ADVERTISING DESCRIPTION OR REPRESENTATION, WHETHER MADE BY A SELLER, BUYER, DEALER, OR OTHER PARTY, SHALL BE BINDING UPON GOODCRAFTING.COM OR SHALL CHANGE THE TERMS OF THIS PARAGRAPH. you assume responsibility for determining the suitability of the WEBSITE FOR YOUR NEEDS GOODCRAFTING.COM MAKES NO CLAIMS AND SPECIFICALLY DISCLAIMS ANY CLAIMS OR WARRANTIES WITH RESPECT TO PRIVACY, DATA LOSS, CONTENT CORRUPTION, OR PACKET LOSS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOODCRAFTING.COM SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY BENEFIT YOU MIGHT OBTAIN from the WEBSITE, AND THE OPERATION OR APPEARANCE OF THE ANY WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOODCRAFTING.COM SHALL IN NO EVENT BE LIABLE HEREUNDER FOR DAMAGES WHICH ARE RELATED TO MATTERS BEYOND ITS REASONABLE CONTROL WHICH SHALL INCLUDE ANY ACTIONS OR INACTIONS BY BUYERS OR SELLERS, WHICH ARE ALL CONSIDERED BEYOND ITS REASONABLE CONTROL; NOR will GOODCRAFTING.COM be liable for any DIRECT, indirect, MORAL, special, incidental, economic, cover, consequential, EXEMPLARY OR PUNITIVE damages, WHETHER FORESEEABLE OR NOT, INCLUDING BUT NOT LIMITED TO: THOSE arising out of the use of/ACCESS TO or inability to use/ACCESS the WEBSITE or documentation; BUSINESS INTERRUPTION; damages or costs relating to the loss of: profits OR REVENUES, business OR BUSINESS OPPORTUNITIES, goodwill, data (INCLUDING LOSS OF USE OR OF DATA, LOSS OR INACCURACY OR CORRUPTION OF DATA), time or computer programs; OR FOR PRODUCTS LIABILITY; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, even if advised of the possibility of such damages AND EVEN IN THE EVENT OF THE FAILURE OF ANY EXCLUSIVE REMEDY. NOTWITHSTANDING THE FOREGOING, In no event will GOODCRAFTING.COM'S liability exceed the amount paid, IF ANY, to goodcrafting.com with respect to a transaction, regardless of the form of the claim (including, without limitation, any contract, product liability, or tort claim (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you, BUT IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Because user authentication on the Internet is difficult, if not impossible, GoodCrafting.com cannot and does not confirm each user's purported identity. GoodCrafting.com shall bear no liability for any harm or loss that you may suffer. However, nothing contained in this Agreement limits GoodCrafting.com's liability to you in the event of death or personal injury resulting from GoodCrafting.com's gross negligence or for the tort of deceit (fraud). GoodCrafting.com's liability shall be limited to the lesser of the actual damage you suffered or the Service Fee earned by GoodCrafting.com for any completed transaction in which GoodCrafting.com's gross negligence occurred (and if no transaction was involved, then $100.00).
As between you and GoodCrafting.com, you assume all risk and are solely responsible and shall indemnify Goodcrafting.com against any and all liability resulting from access to the Website and/or for placing anything on the Website that violates any law or the rights of others, including, without limitation, laws concerning copyright infringement, privacy, or pornography. The provisions of this Section shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use the Website after termination of the Agreement.
You understand that because GoodCrafting.com cannot and does not attempt to verify the information Sellers post upon the Site, or provide information to any prospective purchaser concerning Seller's goods, or monitor your compliance with the terms of this agreement, and because GoodCrafting.com is not involved in the sales transaction (apart from facilitating the use of the paypal service and/or credit card for the transaction) or the delivery of the goods purchased, GoodCrafting.com cannot and will not accept any liability that results from the display, offering for sale, sale or delivery of items through the Site. Therefore, you agree to defend, indemnify and hold harmless GoodCrafting.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 GoodCrafting.com's goodwill and reputation, that arises from or in connection with the display, sale, transfer or use of the items displayed upon or acquired through the Site, including but not limited to if GoodCrafting.com or its officers, directors, or the like are sued because of a transaction in which you took part. Specifically, but not by way of limitation, if you are a Buyer and the Seller sues both you and GoodCrafting.com because of your non-payment or other breaches, you shall pay for all costs incurred by GoodCrafting.com in defending that claim; if you are a Seller and the Buyers sues both you and GoodCrafting.com because of your non-delivery of goods, defective goods, false advertising, or other breaches, you shall pay for all costs incurred by GoodCrafting.com in defending that claim.
Release of GoodCrafting.com
You acknowledge that the Site merely acts as a marketplace for sellers to list items (or, as appropriate, ask for offers to buy) and for buyers to buy items. GoodCrafting.com is not involved in the actual transaction between buyers and sellers. As a result, GoodCrafting.com has no control over the quality, safety or legality of the items advertised, or the truth or accuracy of the listings. GoodCrafting.com cannot ensure that a buyer or seller will actually complete a transaction. GoodCrafting.com does not control the information made available through the Site. You may find other user information to be offensive, harmful, inaccurate, or deceptive. It is your responsibility to use caution and common sense when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. Since this can happen and because of GoodCrafting.com's limited involvement in the actual transactions on the Site, in the event that you have a dispute with one or more users, you release GoodCrafting.com, its officers, directors, employees, agents, attorneys, and all related or affiliated entities from any and all claims, demands, actions, causes of action, and any damages (for example, actual or consequential), costs or expenses related thereto, of every kind or nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of, directly or indirectly, the listing, buying and/or selling of any item on or through the Site, or use of the Site. To the extent permissible under law, you specifically waive California Civil Code §1542 or your state's similar statutory law, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you wish to amend this agreement, no such amendment shall be binding upon GoodCrafting.com unless GoodCrafting.com specifically agrees to the amendment in a writing signed by an officer of GoodCrafting.com.
HOW TRANSACTIONS WORK
1. GoodCrafting.com's Role - GoodCrafting.com provides a marketplace for negotiating transactions, and also helps facilitate the transfer of funds to complete the transaction. GoodCrafting.com is not involved in the actual transaction nor is it the agent for either the buyer or the seller GoodCrafting.com conducts no investigation to determine the truth or accuracy of any statement made by anyone using the Site.
2. Posting Items For Sale – How you sell an item is discussed in detail after you register under the Vendor Agreement Form. A seller may not list for sale, link or post any related materials for any item that is illegal, offensive, pornographic, deadly or harmful (including guns, knives, swords or other weapons, explosives, and other items of deadly or potentially deadly force), items to which the seller has no right to possess and/or sell (for example, illegal, stolen, borrowed, licensed, or counterfeit items), or items which infringe upon the rights of any entity (including, without limitation, the following rights: trademark, copyright, patent, right of publicity or right of privacy). These are all called here to be "Prohibited Items". GoodCrafting.com reserves the right, in its sole and absolute discretion, to determine if an item constitutes a Prohibited Item. Furthermore, GoodCrafting.com reserves the right to limit, restrict, refuse or deny access to the Site should a Seller or Buyer make any listing or posting to or of an Prohibited Item, or, in the discretion of GoodCrafting.com, to limit, restrict, refuse or deny access to such Prohibited Item.
3. Seller's Role - Seller agrees to complete the transaction agreed with a buyer in accordance with the terms of the seller's listing and this agreement. Sellers understand that their actions or failures to act may allow one or more parties to take legal action against them. If you are a Seller, you acknowledge and agree that it is your sole obligation to determine if any tax (including, without limitation, sales, use or value added) is due on any transaction and it is also your sole obligation and responsibility to collect and report such tax(es), as well as to make proper payment to governmental authorities. GoodCrafting.com takes no responsibility regarding any taxes arising from any transactions accomplished through use of the Site, and Sellers agree to indemnify, defend and hold GoodCrafting.com harmless from and against any taxes, fees or other assessments levied upon GoodCrafting.com by any authority having jurisdiction as a result of a Seller's transaction with a buyer.
4. Closing A Sale - When a buyer agrees to purchase an item a Seller has listed on the Site, such purchase shall be made by credit card or paypal. GoodCrafting.com shall process such payment and notify the seller after the payment clears. After the buyer receives the items, GoodCrafting.com will release for payment to the Seller the gross amount less the Service Fee.
5. Customer Service/Satisfaction - Sellers acknowledge and agree that all buyer-related issues are the Seller's sole and absolute responsibility. This includes providing any assistance with respect to lost or damaged goods, or that may result from the inability to satisfy an obligation to any buyer (for example, if the seller is unable to provide the item purchased as promised or within the time promised).
6. Refund of Service Fee - In the event that GoodCrafting.com is required to refund all or part of the purchase price to a buyer, GoodCrafting.com will deduct the amount of the refund from any amount owed to the Seller on any transaction. If GoodCrafting.com has already paid for the item against which such refund is made, by selling on the Site, you agree to remit to GoodCrafting.com, within ten (10) days of receipt of notice, the amount specified. We reserve the right to deduct refunds from future payments. You understand that the Service Fee is earned by GoodCrafting.com by the listing of the item for sale on the Site and not by the consummation of the sale for such item, even though it is currently GoodCrafting.com's policy not to require payment of the Service Fee for listed items that do not sell.
7. Resolution of Disputes - It is your sole and absolute responsibility to resolve any dispute with any other party or parties without the involvement of GoodCrafting.com.
APPLICABLE LAW
This Agreement shall be construed and interpreted pursuant to the laws of the State of California without consideration to its choice of law provisions, and any claims arising hereunder shall be prosecuted in San Francisco, California. The parties consent to the jurisdiction of the courts of the State of California and hereby waive all objections to such jurisdiction and venue.
DISPUTE RESOLUTION
Any claim, dispute or controversy arising out of, or relating to any section of this agreement or the making, performance or interpretation of the rights and obligations explicitly set forth in this agreement, shall be settled on an expedited basis by binding arbitration in California before a single arbitrator from the Judicial Arbitration Mediation Service ("JAMS") mutually agreeable to the parties hereto, and, if no agreement is reached as to the arbitrator, before the arbitrator from JAMS selected in accordance with the rules of JAMS then in effect. The arbitration shall be conducted in accordance with JAMS' rules, and judgment upon any award rendered may be entered in any court having jurisdiction thereof. The decision of the arbitrator shall be binding on all of the parties, and any right to judicial action on any matter subject to arbitration hereunder is hereby waived, unless otherwise provided by applicable law or in any paragraph of this agreement, except suit to enforce the arbitration award or in the event arbitration is not available for any reason or in the case GoodCrafting.com is required to bring a collection action or an action to protect its intellectual property or the Site hereunder, when GoodCrafting.com in its sole discretion can elect arbitration or a court action. The arbitrator shall be bound by the terms and conditions of this agreement and shall not extend, modify or suspend any of the provisions of this agreement. The parties to this agreement agree that no punitive damages may be assessed by the arbitrator against any party before the arbitrator. In the event any party that is part of this agreement institutes an action or arbitration proceeding to enforce or interpret any rights hereunder, the prevailing party, in addition to any other relief which may be awarded, shall be entitled to recover its reasonable attorney's fees, costs and litigation expenses.
TERMINATION OF THIS AGREEMENT
Without limiting other remedies, GoodCrafting.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate access to the Site and refuse to provide services to you: (a) if you breach this agreement; or (b) if GoodCrafting.com reasonably believes that your actions may cause liability for you, its users, or to GoodCrafting.com.
MISCELLANEOUS
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. GoodCrafting.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement, along with the Terms and Conditions of Use posted on the Site, as such may be amended from time to time, sets forth the entire understanding and agreement between GoodCrafting.com with respect to the subject matter hereof.
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