Terms of Service

The following terms of use are in place to help ensure a safe and fair marketplace for both buyers and sellers. If you have any questions or enquiries regarding any of our terms & conditions please contact the Cloth ‘n’ Craft administration.

Terminology
In these terms of use, the following expressions have the meanings set out below:

  • ‘we’, ‘us’ and ‘our’ refers to Cloth ‘n’ Craft;
  • ‘you’ and ‘your’ refers to you;
  • ‘item’, ‘items’ means goods that may be bought or sold through the Cloth ‘n’ Craft market sites;
  • ‘member’ means a registered user of the Cloth ‘n’ Craft websites;
  • ‘services’ means any one or more of the services offered by Cloth ‘n’ Craft, including sale or purchase of items and message facilities;
  • ‘website’ means the Cloth ‘n’ Craft website and/or a subsite run by a seller;
  • ‘listing’ means a listing for an item on the website;
  • ‘seller’ refers to any person running a website site and placing a product listing on their Cloth ‘n’ Craft site;
  • ‘buyer’ refers to any person purchasing an item listed on a Cloth ‘n’ Craft website.

Acceptance of these terms of use and amendments
Each time you use or cause access to a Cloth ‘n’ Craft website, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on a Cloth ‘n’ Craft website or accessed via a Cloth ‘n’ Craft website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of Use.

Your responsibilities and registration obligations
In order to use Cloth ‘n’ Craft or certain parts of it, you may be required to register for a user account; in this case, you agree to provide truthful information when requested. By registering for a user account, you explicitly agree to Cloth ‘n’ Craft’s Terms of Use, including any amendments that are published here.

Privacy policy
Registration data and other personally identifiable information that Cloth ‘n’ Craft may collect is subject to the terms of our Privacy policy.

Disclaimer
Your use of this site and other Cloth ‘n’ Craft sites is at your own risk. We are not responsible to you or anybody else for any loss incurred in relation to your use of this website or other Cloth ‘n’ Craft sites.

Warranties
We make no express or implied representations or warranties of any kind as to the operation of this site or other Cloth ‘n’ Craft sites; or any information, goods or services offered on this site, except to the extent that such obligation cannot be excluded by law.

We do not warrant that your use of this website will be uninterrupted or free from defects and viruses or that the information provided will be current. We are not liable to you or anyone else if your computer system is in any way damaged or affected by your use of this website or other Cloth ‘n’ Craft websites.

To the extent permitted by law, we exclude all liability for any loss or damage (including without limitation indirect, special, punitive or consequential loss or damage) arising from the use or reliance on this website whether or not caused by a negligent act or omission.

Linked websites

This site may contain links to third party websites for your convenience only and do not indicate an endorsement by Cloth ‘n’ Craft of those sites or the products/services offered on those sites.

We take no responsibility for the content or use of those sites and you enter linked sites at your own risk.

You as a user
You must be older than 18 or under the supervision of a legal guardian to register on Cloth ‘n’ Craft. You or your legal guardian are responsible for any activity that occurs under your username.

You are responsible for keeping your account details and password secret and secure; and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your user account, user name or password.

Your conduct
You must not abuse or harass other users of the website. You must not send unwanted messages or email to any users. You are responsible for any data, text, information, screen names, graphics and photos that you submit on the a Cloth ‘n’ Craft website.

By using Cloth ‘n’ Craft or any service provided, you explicitly agree that: you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; or pornographic. You may not use Cloth ‘n’ Craft for illegal or unauthorised purposes.

You must not damage or interfere with the website, or any network or system underlying or connected to it, or attempt to do so.

By registering with Cloth ‘n’ Craft you agree to comply with all local laws regarding acceptable online content and online conduct.

Buying & Selling on a Cloth ‘n’ Craft website
Prior to actual sale, the details, price and other information in relation to an item can be changed by the seller.

Where the information relating to an item has been found to be incorrect or misleading, the seller is liable to issue a full refund, including postage costs, to the buyer.

Buyers and sellers on Cloth ‘n’ Craft sites are not to attempt to by-pass the fees payable by sellers by developing an alternative arrangement. Where it is found, or suspected that this has/is occurring, both parties may be permanently disqualified from using the Cloth ‘n’ Craft websites and both the buyer and sellers user accounts, and website where applicable, will be terminated.

Product Listing Guidelines
Items sold on a Cloth ‘n’ Craft website must be new, made by the seller and/or made from the seller’s design and be able to be interpreted as fitting within the “handmade cloth and craft” description. You are permitted to sell items similar to items already available from other crafters online so long as there is not a copyright on the design, or you have purchased a “Cottage Licence” allowing you to sell products made from the pattern. Plagiarism is not permitted nor condoned. Sellers MAY sell items that they have paid someone else to make for them but it can must not be mass-produced but instead only produced in small quantities (up to 10 at a time). Sellers may sell vintage items so long as they are redesigned or re-purposed and the product description must state as much. All products must be of a high standard as well as safe for use and ethical.

The seller must be legally entitled to sell the item listed for sale on their Cloth ‘n’ Craft website.

Items deemed offensive or inappropriate by the administration of Cloth ‘n’ Craft will be removed without warning. Offensive and inappropriate items include (but are not limited to) such items as weapons, pornography, unsafe items meant for babies/children, or any item deemed to be in bad taste.

We reserve the right to remove any item that is deemed to be unsuitable for sale on Cloth ‘n’ Craft.

All prices must be stated in Australian Dollars with any applicable GST included in the price. All tax obligations are the responsibility of the seller and/or the buyer.

Responsibilities of the seller
Upon registering for a website, sellers are required to complete a few steps before they can load up their products and start selling. These are listed on the “Getting Started” page. This ensures that all terms of sale, payment and shipping terms are made clear to buyers before a sale is made.

The seller must ensure that all items listed for sale is not in breach of the rules listed above.

The seller must ensure that the item listed for sale is available for purchase by a buyer. Items CAN be listed and made available as a preorder but the product title must state as much and the finished product must be delivered within the specified time in the product description.

All items must be listed in the appropriate category. Any items found to be listed in inappropriate categories will either be removed from that category or deleted all together.

The seller must hold the copyright for any text and images you included in listings.

The seller is responsible for shipping the item to the buyer within an agreed time frame (as a guide, usually between 3-5 days of receiving payment)

Any seller that is determined to have received payment for an item but fails to send the item will be banned from Cloth ‘n’ Craft and their website suspended.

Responsibilities of the buyer
Upon carrying out a purchase of an item on a Cloth ’n’ Craft website, you must complete the transaction in the manner specified. By ordering an item, you state that you have the legal right to enter into and complete the transaction. The buyer is entering into an agreement with the seller to purchase that item.

You must make full and prompt payment of any item you buy, in the manner specified by the seller.

Failure to follow through with payment for an item may result in the buyer being banned from Cloth ‘n’ Craft.

The buyer is responsible for ensuring the shipping address is specified correctly when making a purchase on a Cloth ‘n’ Craft website.

Fees

EDIT: NO Commission fees are payable on sales until the start of 2015!

After which time the following terms will apply.

Commission fees are payable once a product has been sold. Sellers will be invoiced via email at the start of each month for the sales made in the previous month, if any. Commission rates are currently set at 3% for Free sites, and 2% for Premium sites. Sellers then have 30 days to pay these commissions or their store may be shut down until payment is received. It is your responsibility to ensure you are familiar with these fees before registering for a website and listing an item.

Cloth ‘n’ Craft reserves the right to alter any of our fees at any time.

Cloth ‘n’ Craft reserves the right to take action against you to recover outstanding debts. You are liable for any outstanding expenses incurred by Cloth ‘n’ Craft in collection of said debt.

Notification of copyright infringement
If you believe that your property has been used by a seller on a Cloth ‘n’ Craft website in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the administration of Cloth ‘n’ Craft may be contacted via here.