User agreement and conditions of sale
If you need assistance contact our Customer Care by e-mail: email@example.com. For any other information read the user agreement.
Handcraftitaly.com its site, products, services, and related tools (individually and collectively, the “Site”) is owned and operated by HandcraftIT LLC in PA (USA) (“handcraftitaly.com”, “Us” or “we”).
This agreement governs the behavior of the user (“User”) on the Site.
Please read these terms carefully as they contain, to the extent permitted by law in your jurisdiction, an arbitration agreement as well as other important legal rights, remedies, and information.
The Service provides an online social marketplace where Users can list and sell items (“Items”). Users who buy items are called “Buyers” and Users who sell items are called “Sellers”. Users can be both Buyers and Sellers of the Service. By using the Service, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between them and HandcraftIT is not a party to such sale or purchase.
There are risks that the User assumes when dealing with others, and these risks are borne only by the User and not by HandcraftIT. The User is solely responsible for his evaluation and decision to use the Service, purchase, sell or carry out commercial transactions or communications on the Service and will be responsible for all his actions on the Service.
The Site provides an online marketplace where Qualified Sellers sell products to potential Buyers. The sale takes place directly between the Buyer and the Seller and this agreement regulates the mechanism and operation.
The role of HandcraftIT is not as an agent or trustee but as a simple intermediary for both Sellers, Buyers or Users for any purpose. There is no partnership, joint venture, employee-employer or franchisee relationship between HandcraftIT and Seller, Buyer, and User as HandcraftIT operates independently of all. HandcraftIT does not check the information given by Sellers, Buyers or Users, nor their acts or omissions.
Minors are not allowed to use the site. Users must be at least 18 years old to use this site. This site is not intended for children under the age of 13.
To use the Site in all its sections and functions, registration is required. For this purpose, some information must be provided such as a valid e-mail address and a password to be used to access your account. Login details should be kept secure and not shared with third parties. By accessing their account via login, registrants will be able to access all information on their profile.
The User is responsible for the use of the Service and for any use of the Service made using his account. The personal information that is provided is governed by the Privacy protection . The User acknowledges that HandcraftIT may establish policies and practices regarding the use of the Service, including policies that may delete or remove content or data, terminate inactive accounts and any other policies and practices in the business interest of HandcraftIT. It is further acknowledged that HandcratIT reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The service is not available to temporarily or permanently suspended members of the Service. HandcraftIT reserves the right to refuse access to the Service, or terminate the account of any User, in its sole discretion and for any or no reason. The User is responsible for maintaining the confidentiality of his password and account and will be fully responsible for all activities that occur under his account. You agree to immediately notify us of any unauthorized use of your account or any other breach of account security. HandcraftIT will not be liable for any loss or damage resulting from failure to comply with this Section.
Users can cancel their registration and account at any time. Account closure requests must come from the e-mail account registered with Handcraftit addressed to firstname.lastname@example.org. In no case will a cancellation request received by telephone or otherwise be accepted.
Terms of sale
The Seller must provide an accurate description of the item, the price, the terms of delivery, the VAT or import/export taxes, or duties in accordance with the agreements made with the buyer.
The Buyer is solely responsible for determining the value, condition, and authenticity of the Items purchased, for paying the purchase price to the Seller, including any sales tax, VAT, or import/export duty, and for arranging the shipment of the purchased items.
HandcraftIT relies on Sellers for this information and is in no way responsible for the description or price of the Items on the Site provided by the Seller, for the delivery or transfer of legal ownership of the Items from a Seller to the buyer, for the delivery of the payment by the Buyer to the Seller unless we explicitly agree to be. HandcraftIT does not verify any information provided by the Seller (or its representative selling an Item) and makes no representations or warranties in relation to the Seller, the Item or information relating to the Item.
All Items displayed on the site are offered for sale subject to availability. Most of the Items displayed on the Site are unique and having the Sellers the ability to sell in other ways as well, the Item may not be available and require the production for the sale.
HandcraftIT reserves the right to modify any content, to refuse service to anyone, and to withdraw any item at any time at its complete discretion and for this, it will in no way be liable to any seller, user or buyer.
Sales are “as is”. All items displayed on the site are sold “as is”, “with all defects”.
Any agreement between the Buyer and the Seller will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
The provisions of the Commercial Agents Directive (86/653 / EC) as implemented in any European jurisdiction (for example, in the UK via the Commercial Agents Regulations 1993) are expressly excluded from these Terms and our agreement. Buyers and Users exclusively on their own initiative select and purchase goods marketed by the Sellers, placing orders through the Site.
The Seller in the event that there are no guarantees of solvency, with incomplete or incorrect orders or in the case of unavailable products, may decide not to process the Buyer’s order.
If this condition occurs, the Seller will inform the Buyer that the order has not been concluded. In the event that the Article on the handcraftitaly.com site is no longer available, the Seller has thirty (30) days, from the day after the Seller has received the order, to communicate the unavailability. If the price for the order of unavailable items has already been paid, the Seller will refund the amount paid.
a.2. Negotiable price
When the Buyer chooses an Item he likes, and if the Seller has indicated that the price of the Item is negotiable, the Buyer can make an offer through the Item tab or by contacting support directly. HandcraftIT through one of the contact methods indicated on the site.
When making an offer, the Buyer must submit valid payment information to HandcraftIT for payment of the Total Purchase Price.
a.3. Total price
for “Total price” agreed between Buyer and Seller shall be: i) the final price agreed; ii) any shipping costs; (iii) any sales tax, use tax, VAT, internet sales tax and / or any other tax or duty that the Seller is required to collect from the Buyer under the applicable law at the time of the sale.
By making an Offer, the Buyer irrevocably agrees to pay the Total Purchase Price and, unless a counteroffer is made, the Seller agrees to sell the Item for the Total Purchase Price to the Buyer.
An Offer cannot be canceled or revoked by a Buyer unless the Offer has been made before the Total Purchase Price was fully confirmed by the Buyer and the Seller, for example, because the shipping costs were not fully known. at the time of submission of the Offer (subject to all legal rights a buyer may have).
The Seller, in its sole discretion, may: (i) accept the Offer; (ii) reject the Offer; or (iii) make a Counter Offer to the Buyer (“Counter Offer”). By making a Counter Offer, the Seller agrees to sell the Item to the Buyer at the Counter Offer price and makes the Item available until the Counter Offer is confirmed. Both the Seller and the Buyer may set a time limit for the validity of the Offer and the parties to acknowledge that at the end of the agreed period the Offer will expire.
Either the Buyer, the Seller or HandcraftIT may place a time limit on the effectiveness of the Offer and each party acknowledges that the Offer will expire at the end of the offer period. If the Buyer agrees to pay the Counter Offer price, the Buyer must acknowledge such acceptance either by confirming the purchase on the “Offer Status” page of the Buyer’s HandcraftIT account or by confirming the acceptance by telephone.
The sale takes place between the Buyer and the Seller and a confirmation of the sale (“Order Confirmation”) is posted on the “Offer Status” page of the Buyer’s HandcraftIT account, once: (i) the Seller accepted and confirmed the buyer’s offer; or (ii) the Buyer has acknowledged, accepted and confirmed the Seller’s Counter Offer. At this point, a binding contract is created and enforced between the Seller and the Buyer in relation to the sale and purchase of the Item.
In some circumstances, a Buyer will be required to record a “reserve” amount to support an offer (“Reserve Amount”). Such Reserve Amount will be authorized to HandcraftIT by credit card at the time of the offer and will be credited against the Total Purchase Price due. In the event that the Buyer and the Seller are unable to agree on the Total Purchase Price or other material terms of the transaction, HandcraftIT will credit the Reserve Amount back to the Buyer’s credit card.
For custom orders, the Buyer will be required to post a non-refundable “deposit” amount (“Deposit”). The deposit must be paid by credit card or other acceptable payment methods upon confirmation of the sale. The deposit will be retained by the seller and credited to the total purchase price. Should the Buyer change his mind and no longer want the Product, the deposit will be retained by the Seller as compensation for damages.
Notwithstanding any provision to the contrary contained herein, in the event of an error by the Seller regarding the availability of the Item, or an error by the Seller or HandcraftIT regarding the acceptance of an Offer or a Counter Offer as the case may be, or any other error by the Seller or HandcraftIT with respect to an Order Confirmation or the operation of the Site, the Seller and / or HandcraftIT reserve the right, in their sole and absolute discretion, to terminate the Order Confirmation and the ‘purchase of the Item without penalty at any party.
Due to the nature of the Internet, occasional anomalies, service interruptions or errors may cause the display of unintended inaccuracies on the Site. HandcraftIT has the right to correct any inaccuracies or errors and to cancel any purchase of an Item showing a price or an inaccurate description once brought to our attention.
You acknowledge that handcraftitaly.com has no control over the final price at which the items are sold or over the terms of sale stipulated between a Buyer and a Seller.
Sellers and Buyers are prohibited from contacting each other outside the methods provided by the site for the purchase or sale of any Item available for sale on the HandcraftIT site. If the Buyer tries to violate these guidelines, HandcraftIT may limit or suspend the Buyer from using the site’s features.
(a) The Buyer shall pay an amount equal to the full amount (100%) of the Total Purchase Price immediately upon receipt of the Order Confirmation. In the event that the Buyer has paid the deposit at the time of the Custom order, this amount will be considered as part of the Total Price. At the time of the fulfillment of the Article and in any case before shipment, the Buyer will remit the balance of the Total Purchase Price.
The Buyer irrevocably authorizes HandcraftIT to the Order Confirmation to charge the Buyer’s credit card or other payment methods an amount equal to the total purchase price.
If for any reason the Buyer cancels the payment made by credit card or any other means after receiving the Order Confirmation, or the Buyer still fails to make any payment with respect to the Total Purchase Price (“Default”), then the Buyer will remain liable to the Seller for the Total Purchase Price, as well as for any additional costs relating to the sale of the Item, including, but not limited to, applicable taxes, storage and management, and any costs or fees incurred associated with the collection. of any amount due to HandcraftIT and/or the Seller, including but not limited to legal fees and costs related to currency fluctuations.
Without limitation to any other provision of these Terms, in addition to any other legal or equitable remedies, HandcraftIT reserves the right, at its option, to withhold all payments paid by the Buyer prior to the Default in relation to the Item, as compensation for damage and to cancel the sale of the Item without any further obligation towards the Buyer.
a.5. Taxes and duties
Buyer is entirely responsible for paying all applicable sales and use taxes, VAT, export and/or import taxes and duties, and all transaction taxes or duties relating to each Item purchased (collectively, “Taxes”). . The Buyer will have to pay the Seller the Taxes that the Seller is required to collect, but the Seller’s failure to collect the Taxes will not release the Buyer’s obligation. The Buyer must determine, pay, collect, remit and report to the competent tax authority the correct amount of all export and/or import taxes or duties payable upon exporting the Item from its country of origin and import into the States. The United States or any other nation. In the event that an exemption applies, it is the Buyer’s sole responsibility to establish and/or document any applicable tax exemptions.
The Seller represents and warrants that it is the sole owner of the Item in question and will transmit to the Buyer the valid and marketable title of such Item after payment of the Total Purchase Price for the Item, free from any claim of ownership. by third parties.
The risk of loss and title for such Item passes to the Buyer upon receipt of the Item by the Buyer.
The Seller is responsible for organizing the shipment of the purchased good (insurance of packaging, packaging, shipping, and transport) It will be up to the seller to provide the buyer with all the information (name of the courier, cost of shipping, cost of any duties or other charges to be paid by the Buyer, the cost of the insurance and the name of the Insurance company). Once the agreement is found, the Buyer will have to pay the shipping costs in advance.
In the event that shipping is free, the remaining terms of this agreement will still be valid.
HandcraftIT reserves the right to correct or cancel any transaction if an error is made in the shipping calculation.
Neither the Seller nor HandcraftIT makes any representations, guarantees or will have any liability to the Buyer in relation to the requirement or availability or issue of valid export or import permits (cultural, customs, and regulated species) or to the existence or exercise of pre-emption rights for purchase by government authorities.
The Buyer may terminate the sale of the purchased Item by giving written notice to HandcraftIT and the Seller within seven (7) working days from the expiry of the thirty (30) day period from the subsequent confirmation of the sale, in the following cases:
- if the request of the special permission is disclosed after the Order Confirmation but before the sender withdraws the Item;
- if the Buyer learns that an export permit is required after the Item has been collected by the sender and the Seller is unable to obtain the export permit.
In no event shall the Buyer have the right to withdraw from the sale beyond ninety (90) days after the date of the sale.
If the sale is canceled, the Buyer must return the Item to the Seller at his expense, unless otherwise agreed. After such a return, HandcraftIT and/or the Seller will return the total Purchase Price to the Buyer. This limited right of withdrawal is not transferable and belongs exclusively to the registered Buyer.
a.7. Right of withdrawal
This subsection applies when: (i) the EU Consumer Rights Directive (2011/83 / EU) as implemented in national legislation in the various EU jurisdictions, applies to a consumer based in the European Union ( “EU Consumer”); and (ii) none of the following express exclusions apply.
The EU Consumer has the right to cancel his order without giving an explanation within fourteen ( 14) days from the day the EU Consumer or his designated recipient receives an Item (“Cancellation Period”). The EU Consumer must inform HandcraftIT, or the Seller, of his decision to cancel the order in writing (including by e-mail) within this period.
The Seller will reimburse all payments received from the EU Consumer / HandcraftIT for the Items purchased and the EU Consumer will not have to incur any costs as a result of such reimbursement.
Any refund may be withheld until the Seller has received the Items from the EU Consumer.
The EU Consumer must return the Item following the Seller’s instructions (but in all cases, the EU Consumer will be given at least fourteen (14) days to return the Article from the date of cancellation), and the EU Consumer will be required to bear the cost the return of any Item to the Seller.
The Buyer has a legal obligation to take reasonable care of the Item while they are in his possession. If the Buyer fails to comply with this obligation, HandcraftIT may have the right to take action against the Buyer for compensation.
The Seller may make a deduction from the refund for the loss in value of the returned Item due to the handling of the Items by the EU Consumer beyond what is necessary to establish the nature, characteristics, and functioning of the Item.
The right of withdrawal does not apply: (A) to the supply of any Item made to the Buyer’s specification; (B) the supply of any Items that may deteriorate or expire rapidly; (C) the delivery of any Item which is not suitable for return for reasons of health protection or hygiene unless sealed by the Buyer after delivery or which, after delivery, is inseparably mixed (according to their nature) with other items ; (D) delivery of sealed video or audio recordings or sealed software unless sealed by Buyer after delivery; and (E) the supply of digital content if the Buyer has accepted at the time of the order that the delivery could be initiated and that the Buyer could not cancel once the delivery had begun, or other legal exceptions.
To exercise this right of withdrawal, an EU consumer must send a written communication during the cancellation period to EU Consumer Rights, HandcraftIT 1306 Prospect Ave, Bethlehem PA 18018 USA email@example.com with the subject “EU Consumer Rights “. The notice must state your name, residential address, contact details and e-mail address, account HandcraftITnumber, invoice number, Item number, the delivery date in your possession, and that you wish to exercise your right of withdrawal from the Directive on EU consumer rights.
These conditions of sale do not regulate the supply of services or the sale of products made by third parties that are present on HandcraftIT.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from such third parties, the Buyer is required to verify the terms and conditions of the third party, since neither HandcraftIT nor the Seller can, in any case, be held responsible for the supply of services provided by the third parties or for the execution of e-commercial transactions between users of artemest.com and third parties.
Users are solely responsible for all information, descriptions, pictures, lists, data, text, music, video, media, comments or any other material ( “Content”) that are uploaded, posted, transmitted or viewed through the Service. HandcraftIT may investigate, take legal action or take any other action it deems necessary or justified in the management of the Service, content, publication or use, without limitation, including the retention of such information for investigative purposes.
You agree not to use the service to (1) provide any Content, Submissions or anything else that is illegal, harmful, violent, illegal, infringes the rights of third parties, objectionable, pornographic, libelous, invasive, encouraging money laundering money, gambling or any other illegal or unjustified behavior. (2) violate any law, rule or regulation, including any anti-spam, data privacy or other restrictions that may be applicable to your use of the Service (3) modify any part of the Service, or unreasonably upload the infrastructure of the Service or disrupt networks connected to the Service (4) promote illegal activities or businesses (5) stalk, harass, intimidate, impersonate or solicit information from anyone, especially those under the age of 18 (6) copy, scrape, collect or use automated systems to collect contact information from the Service for use outside of those provided in these Terms of Service (7) to sell or transmit anything that you do not have the right to sell or transmit under existing law or relationship (8) to place a privacy or security risk (9) infringing on anyone’s intellectual property (10) spamming any user by email, mail n desired, fraud, schemes or the like (11) transmit or upload viruses, worms, or interfere with the Service, or (1 2) take any action or inaction that HandcraftIT, in its sole discretion, deems objectionable or may cause damage or liability.
Intellectual Property Rights
You acknowledge that the Service contains images and descriptions that are third-party content (“Service Content”) protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. HandcraftIT retains all rights to our intellectual property. You agree not to copy, modify, distribute, create derivative or similar works, or do or perform any other action with the Service Content or HandcraftIT intellectual property to which you are exposed through our Service not expressly authorized by this Agreement. Any use of the Service or Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated by the use of the HandcraftIT trademark will be for our sole benefit. All rights not expressly granted herein are reserved by HandcraftIT.
As a User of our services, all information, including articles, messages, offers, purchases, sales, etc. that are published, transmitted or sent through our services (“Service Content”) are intended for sharing with other Users. By submitting any Content to us, you represent and warrant that you own all rights in the Content or, alternatively, have the right to give us the license described below, including legal and correct permissions and consents for any personally identifiable information you may provide or upload through the HandcraftIT service. We are under no obligation to review any content posted by our Users on our services, although we reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable law, rule or regulation. We may refuse to accept or view the Content and we may remove or delete all or part of the Content at any time. You understand that HandcraftIT is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Content and that such Content is not the responsibility of HandcraftIT. You further understand and acknowledge that you may be exposed to inaccurate, offensive, indecent or objectionable content and you agree to waive any legal or equitable right or remedy you have or may have against HandcraftIT with respect thereto. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Contributions”), provided by you to HandcraftIT are non-confidential and HandcraftIT is entitled to the unlimited use and dissemination of these Contributions for any purpose, commercial or otherwise, without recognition or compensation to you. If the User does not agree that his Content will be considered public and will not be considered confidential, he must not use the Service.
HandcraftIT respects the intellectual property of others and asks our Users to do the same. While HandcraftIT has no obligation to do so, it will make every reasonable effort to investigate notices of alleged infringements or violations of intellectual property laws and take action with respect to such infringement, where applicable. If you believe that your work has been copied in a way that constitutes an infringement or that your intellectual property rights have been infringed, please provide our copyright agent with the following information: (1) confirmation of be the owner or authorized to represent the owner of the intellectual property (2) description of your job (3) description of the infringing job and (4) a statement that you believe the use of the work is not authorized. If your work is removed due to infringement and you believe it is not infringing copyright, please provide our copyright agent with (a) confirmation that you are the owner or authorized to represent the owner of the intellectual property (b) identification of the removed content and description, (c) statement of good faith regarding intellectual property ownership, (d) your contact information and consent to submit to federal courts located in Pennsylvania, and a statement of acceptance of the process relating to the alleged violation. HandcraftIT will endeavor to resolve counter-notifications within 10-14 business days and will provide the original complaining party with the opportunity to seek a court order against the complaining party and, in the event that no order is requested, may allow the content original to be republished. Please contact our copyright agent at firstname.lastname@example.org or by mail for the attention of: copyright agent 1306 Prospect Ave, Bethlehem PA 18018 (subject: takedown request).
Disclaimer of Warranties
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HandcraftIT EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR LEGAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, HandcraftIT MAKES NO WARRANTY WITH REGARD TO: (I) WILL BE ABLE TO SELL OR PURCHASE ANY ITEM THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED FROM YOU THROUGH THE SERVICE IT WILL MEET YOUR EXPECTATIONS.
HandcraftIT MAKES NO WARRANTY AS TO THE AUTHENTICITY, QUALITY, SAFETY OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTING, OR THE ABILITY OF BUYERS AND SELLERS OF BUSINESS TRANSACTIONS.
HandcraftIT is not responsible for (1) any content posted on our services; (2) purchases, sales or other obligations that may arise between Users; (3) any damage resulting from the use of our services; (4) any negative or critical comments that may be posted by other Users through the Services; (5) any of the Third Party Services that may be provided to you based on your use of the Services; (6) any third party personally identifiable information uploaded or provided to HandcraftIT under the Services (7) any cost of replacement goods or services.
Each user is solely responsible for his interactions with other Users, including purchase or sale transactions. You agree that HandcraftIT will have no liability with respect to such interactions, purchases or sales. HandcraftIT reserves the right but has no obligation to be involved in any dispute between you and another user.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL HandcraftIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER SUCH AS ADVISED OR NOT POSSIBLE DAMAGES, OR ANY DAMAGES FOR PERSONAL OR BODY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATION, INTERACTION OR ENCOUNTER WITH OTHER USERS OF THE SERVICE, ABOUT ANY THEORY OF LIABILITY (INCLUDING THE AGREEMENT, INCLUDING NEGLIGENCE, OR IN ANY OTHER WAY ARISING FROM, IN CONNECTION WITH OR RESULTING FROM (1) YOUR USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF THIRD PARTIES ABOUT THE SERVICES; OR (3) ANY OTHER MATTER RELATING TO THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HandcraftIT BE LIABLE TO A USER, WHETHER THE CLAIM IS BASED ON A CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE (EXCEEDING 1 ) THAT HAS PAID TO HandcraftIT AS A SELLER IN THE LAST SIX (6) MONTHS, OR, (2) HUNDRED US DOLLARS (USD $ 100).
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
Our licensors and service providers will have no liability under this Agreement. Unless such restriction is prohibited by applicable law, you may not file a claim under this Agreement for more than twelve (12) months after the cause of the action.
You agree to release, defend, indemnify and hold HandcraftIT, its affiliates, and employees (collectively, “indemnification recipients”) harmless from any legal claim or request (including reasonable attorney’s fees) arising out of your actions (or inactions), from your use (or misuse) of our Services, violation of the Terms by you, or violation by you and your account of someone else’s rights. If you are a California resident, you waive Section 1542 of the California Civil Code, which says, “A general release does not extend to claims that the creditor does not know or suspects existed in his favor at the time the release was made, which if known by he must have materially influenced his agreement with the debtor. “If you reside in another jurisdiction, you waive any comparable statutes or doctrine.
Each party will comply with all laws, rules, and regulations applicable to this Agreement. This Agreement is governed by the laws of the State of Pennsylvania without affecting its conflict of law principles. All disputes shall be resolved exclusively in state or federal court in Northampton County, Pennsylvania. You acknowledge that the Services are of United States origin and agree to comply with all export laws and regulations of the United States.
Dispute Resolution, Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY.
HandcraftIT is always interested in resolving disputes in a friendly and efficient manner. If you have any doubts or disputes, please email customer support at email@example.com. Any unresolved dispute will be resolved by binding and confidential arbitration, the notice of which must be sent by the user to HandcraftIT, in accordance with the Notice provision set forth herein, and describe the nature of the claim and the required remedy. If the resolution is not reached within sixty (60) calendar days, you or HandcraftIT may initiate arbitration proceedings. The arbitration will be conducted in a forum that is convenient for both parties, and if the claims in question amount to less than $ 10,000, it will be conducted via filing or telephone hearing unless in-person arbitration is legally required. The arbitration will be subject to federal arbitration law or binding arbitration applicable in your jurisdiction. The arbitration will be governed by the AAA Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes. Notwithstanding the foregoing, the Company may apply for an injunction or other equitable remedy to protect its intellectual property rights in any court of competent jurisdiction. WITH THIS, YOU ARE WAIVING YOUR RIGHT TO GO TO COURT. The decisions of the arbitrators are enforceable like any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any complaints you make must be purchased on an individual basis, not as a class member in any representative proceeding. An arbiter cannot consolidate people’s claims. The arbitrator will not have the authority to grant damages in excess of the amount permitted by this Agreement. The arbitrator will also be authorized to grant any remedy or equitable remedy that he deems fair and equitable and within the scope of the Agreement. All aspects of the proceedings, judgment, decision or award will be considered confidential between the parties. The arbitration award will be final and binding on the parties without appeal or revision, except as permitted by Pennsylvania law or United States federal law. This arbitration agreement does not preclude you from bringing matters to the attention of federal, state, provincial or local agencies and such agencies may, if the law permits, seek redress against us on your behalf. Notwithstanding any provision to the contrary in this document, any modification made to this Arbitration Agreement may be rejected by the User within thirty (30) calendar days of such modification and, in the event of such refusal, the terms of the original language of the Arbitration Agreement.
The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is found to conflict with another, HandcraftIT will have the exclusive right to choose which provision remains in effect. Titles are provided for convenience only. We reserve all rights under applicable law. Our failure to enforce any provision of this Agreement or under applicable law will not be construed as Our waiver of any right to enforce in the same or different circumstances at any time in the future.
THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY HANDCRAFTIT AT ITS SOLE DISCRETION AT ANY TIME. HandcraftIT may modify or discontinue the Service with or without notice. HandcraftIT is not liable to you or any third party for such changes or interruptions. When changes are made to this Agreement, we will make a new copy of the Agreement available by posting it on Our Site or through the Services. If we make material changes and you have registered to use the Services, we may also notify you by email or through the Services. The changes will take effect immediately for new Users and will be effective ten (10) days after posting notice of such changes on the Site for existing Users. Your continued use of the Service after the date such changes become effective constitutes acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
We may suspend or terminate the Services or your account at our discretion without explanation, notice and liability to HandcraftIT, including the removal and deletion of any Items or content within the Service, for any reason, although we will endeavor to provide a timely explanation. Any suspected fraudulent, abusive or illegal activity that may be a reason for interrupting the use of the Service, can be referred to the law enforcement authorities. You can terminate this Agreement by closing your account for the Service. HandcraftIT will have no liability to you for any suspension or termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including ownership, success rates, disclaimers, indemnity and limitations of liability.
Export Control Laws
All software and services may be subject to export control laws in the applicable jurisdiction. You agree that you are solely responsible for any violation of these export control laws. Downloading and using the software, including where it is used, is the responsibility of the User and at his own risk.
When you use the Service or send us e-mails, you agree to communicate with us electronically. This Agreement and any other references to documents contained therein will be deemed “in writing” or “in writing” to comply with applicable legal requirements and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding.
Notices, questions, and comments
We will provide notices and messages to you within the Services or, if necessary, by email or regular mail. You may provide a HandcraftIT notice and will be deemed to have been provided once it is received by HandcraftIT, addressed by post to the address listed in the Questions, Comments section below.
Please contact us with any questions, comments, or to report a violation of this Agreement:
HandcraftIT LLC, 1306 Prospect Ave, Bethlehem PA 181018 USA