Welcome to Hand-Made.com.au
This User Agreement For Online Sales ("Agreement") describes the terms and conditions applicable to your use of www.hand-made.com.au (this "Site"), which is a division of Handmade Australia ("Handmade Australia"), and the general principles for the use of the websites of Handmade Australia’s subsidiaries and international affiliates. Prior to registering to use this Site, submitting a purchase order for products listed on this Site or otherwise accessing information from this Site, please carefully read this Agreement. The term "members" and the term "users" shall refer to both buyers and sellers registered on Hand-Made.com.au.
1. GENERAL INFORMATION
By accessing this Site, you agree to the terms and conditions set forth below.
All prices quoted are in Australian Dollars. Such prices are subject to availability and change without notice, subject to the sole discretion of the listing party as Handmade Australia maintains ownership of no items listed on the Site.
3. SELLERS AND ITEMS NOT OWNED BY HANDMADE AUSTRALIA
When Handmade Australia accepts a listing on this Site, it does so without exclusivity. Seller is permitted to sell such listed item on its own after paying all applicable listing fees. Once the item is sold, seller is obligated to pay Handmade Australia the applicable current sales commission.
If Handmade Australia believes that a seller has incorrectly priced an item, Handmade Australia may remove the listing. The listing may include text descriptions, graphics and other content relevant to the sale of the item. Handmade Australia in its sole discretion reserves the right to terminate any listing without notice.
Handmade Australia acts solely as a venue, its function as a venue is to let users list items that comply with Handmade Australia’s policies and sell them at a fixed price. Handmade Australia is not directly involved in transactions between members (buyers and sellers), Handmade Australia does not pre-screen its members, the content or the information provided by members (buyers and sellers). You agree that Handmade Australia as a venue is not responsible or liable for any content, information, images, items, usernames, profiles posted by you and other members.
Handmade Australia does not have control over the quality, legality and safety of the items listed, the ability for the sellers to complete a transaction or the buyer to pay for the items. Handmade Australia does not transfer legal ownership of items from the seller to the buyer.
You must be 18 years or older to become a seller on Handmade Australia. Individuals under the age of 18 can become sellers under the supervision of a parent or legal guardian, the latter becomes responsible for all activities. Handmade Australia reserves the right to remove any items, cancel invalid accounts and stores, and to refuse service to anyone for any reason at any time.
3a . LISTING AN ITEM
By listing an item you agree to comply that the item being listed and the information provided comply with Handmade Australia’s policies and that you may legally sell the item. All listings on Hand-Made.com.au must be for a tangible object. The item description should be clear, accurate and detailed. Each listing must describe accurately and completely the item(s) for sale. Listings that do not comply with Handmade Australia’s policies may be removed without notice. The seller is obligated to ship the order or otherwise the transaction with the buyer in prompt manner once payment has been received. The buyer is obligated to pay the order's total amount in full at the time of purchase.
3b(i). Free Shop Accounts:
No fees are required to set-up a Free Shop Account on Hand-Made.com.au. When you list an item you are required to read and accept the terms and conditions of use. When listing your items you can choose to ‘Feature’ any of the items in your shop – if you choose either of these options your item will appear in the relevant section on the Home Page for a period totalling no longer than 30 days and will be at a cost of $1.50 for this time. You may also choose to include additional images for an item, with the first six items being allowed as a part of your free product listing. You are responsible for paying all fees associated with the use of Hanmade Australia upon selecting that option. Fees are quoted in Australian Dollars (AUD).
When submitting a payment, the payment will need to be made through a PayPal account.
3b(ii). Premium Shop Accounts:
As a Premium Shop Account holder you can list an unlimited number of items in their Hand-Made shop once you have Registered and accepted the Terms and Conditions of using the Site. For your 10.00 monthly membership you; Can list as many items on your shop as you would like and get up to 6 images, per item, that is listed in your shop. You also have the option to ‘Feature’ items of your choosing, at $1.50 for 30 days. Upon registering, and selecting to open a Premium Shop or upgrading to a Premium Shop, you will be required to pay the monthly membership one month in advance. At this time your Payment will need to occur through PayPal.
Fees are subject to change at any time and Premium Account holders will be notified 7 (seven) days prior to this change.
3c. SHIPPING INFORMATION
Sellers are required to maintain shipping costs available in their account, whether as a shipping profile and/or for each item individually.
3c(iv). Custom Shipping.
Sellers have the option to set up custom shipping costs for shipping their items. Custom shipping costs are applied to each item individually. There are two types of custom shipping costs: Primary and Secondary.
Primary Shipping Cost is the price for shipping an item alone; a Secondary Shipping Cost may be added to the item/profile to specify a different price for shipping an item with another item from the same seller. Secondary Shipping Cost is optional.
3d(i). Members Privacy.
As part of a transaction you may obtain personal information, including email address and shipping information from another member. This information shall only be used for effects of that transaction or for communication with Handmade Australia.
3d(ii). PayPal transactions.
Users who choose to pay a seller with PayPal Payments using Handmade Australia checkout system are required to submit payment before a transaction gets processed.
3d(iv). Other Payment Method Transactions.
Other Payment methods available for sellers on Handmade Australia are: Money Order, Cheque and Pay on Pickup, transactions processed using any of these payment methods are not entitled to refunds for any sales commissions incurred under any circumstance. Sellers should use these methods at their own discretion.
3e. RESTRICTED ACTIVITES
The information about any item listed and any activities on Handmade Australia shall not:
• Be false, inaccurate or misleading;
• Be fraudulent or involve the sale of counterfeit or stolen items;
• Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy; or
• Violate any law, statute, ordinance or regulation; or
• Be obscene or contain child pornography.
You may cancel your account at any time. There are no refunds available. See Premium Account section 3b(iii). To cancel your account, please contact us (Support page).
5. DISCLAIMER OF LIABILITY
Handmade Australia and their respective directors, officers, employees, agents and representatives (collectively, Handmade Australia Parties') shall not be liable to any buyer or seller for any indirect, incidental, consequential, special or exemplary damages or lost profits in connection with any item sold or listed on this Site. Handmade Australia Parties will not be responsible for claims, liabilities, losses, costs, fees, expenses, obligations and causes of action ("Claims") resulting from defects or alleged defects of any item sold on this Site or from the subsequent use of the items, regardless of whether such damage arises out of or relates to: (i) any reliance on the materials presented; (ii) any loss of use, data or profits; (iii) any delay or business interruptions; (iv) personal injury or property damage; or (v) any information provided on this Site.
Members hereby agree to defend, indemnify and hold harmless Handmade Australia Parties from and against any and all Claims incurred or suffered by member or any other party arising from or relating to any item sold or listed on this Site, including, without limitation, any Claim arising by reason of or in connection with any loss, damage or injury to person or property
7. COMPLIANCE WITH LAWS
You agree to:
• at all times comply with all applicable laws, including, without limitation, any and all applicable laws governing exports and any applicable international laws;
• not violate any laws, third party rights, or Handmade Australia’s policies; and
• not use this Site if you are not able to form legally binding contracts or are under the age of 18.
8. GOVERNING LAW; VENUE; JURISDICTION
This Site and the use of this Site shall be governed by and construed in accordance with the internal laws (as opposed to the conflicts of law provisions) of the State of Victoria. Any litigation arising out of or related to this Site shall be instituted and prosecuted only in the appropriate state or federal court situated in Victoria. Each user of this Site hereby submits to the exclusive jurisdiction and venue of such courts for purposes of any such action and the enforcement of any judgment or order arising there from. Each user of this Site hereby waives any right to a change of venue and any and all objections to the jurisdiction of the state and federal courts located in the state of Victoria.
If any provisions of this Site are held to be invalid or unenforceable, such provisions shall be modified to the minimum extent necessary to make them or their application valid and enforceable, and the validity and enforceability of all other provisions of this Site and all other applications of such provisions shall not be affected.
10. ATTORNEY'S FEES
In any legal proceedings arising from, under or in connection with this Site, the prevailing party shall be entitled to recover from the other party attorneys' fees and costs incurred by the prevailing party in preparation for and in connection with all trial and appellate proceedings.
The captions of the sections of this Site are for convenience and reference only. Any pronouns or references used herein shall be deemed to include the masculine, feminine or neuter genders as appropriate. Any expression in the singular or the plural shall, if appropriate in the context, include both the singular and the plural.
12. NO ASSIGNMENT
Members may not assign or transfer its rights in whole or in part under any purchase order without the prior written consent of Handmade Australia and any attempted assignment or delegation without such consent shall be void. Additionally, the provisions stated herein are for the sole benefit of Handmade Australia, the Handmade Australia Parties and users of this Site, and confer no rights, benefits or claims upon any other person or entity.
No waiver by Handmade Australia of any right conferred by this Site or any other provisions of this Site will be deemed a waiver of any other such right or provision or a waiver of that same right or provision at any other time.
All provisions of this Site related to indemnification, disclaimers and limitations on liability shall survive the termination or removal of this Site.