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Last Updated: 01/05/2012

Terms and Conditions

This User Agreement For Online Sales ("Agreement") describes the terms and conditions applicable to your use of www.craftisart.com (this "Site", “CraftIsArt”, “Craft Is Art”), which is a division of GC Web Studio, LLC ("GC Web Studio"), and the general principles for the use of the websites of Craft Is Art'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 Craft is Art.

1.     GENERAL INFORMATION

By accessing this Site you agree to the terms and conditions set forth below, to comply with all local laws regarding online conduct and acceptable content.

In addition, you must abide by Craft Is Art's policies as stated in the Agreement and the Craft Is Art  policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Craft Is Art, each of which is incorporated herein by reference and each of which may be updated by Craft Is Art from time to time without notice to you:

  1. Selling Policies and Rules

  2. Buyer Protection

  3. Promotions and Special Offers Policies

  4. Privacy Policy

2.    BUYING AND SELLING

  1. Only a Venue
    Craft Is Art's role as a venue is to connect the buyer and the seller. This means when you place an order on Craft Is Art, you are entering into a direct transaction with an individual seller. We encourage the two parties to independently work through the transaction to completion.

    A transaction is created when a buyer completes Craft Is Art's checkout process. The seller and buyer will receive email notification from Craft Is Art with information about the transaction along with the corresponding email notification from the selected payment gateway (applicable only when using an automated payment gateway such as PayPal, Authorize.Net, etc). A transaction is completed when the buyer pays and the seller ships the item. The seller is obligated to ship the order or otherwise the transaction with the buyer in a prompt manner once payment has been received. The buyer is obligated to pay the order's total amount in full. We are not involved in the actual transaction between buyers and sellers, and we make no representation, by using CraftIsArt and its services you agree that:

    • All prices quoted are in U.S. Dollars. Such prices are subject to availability and change without notice, subject to the sole discretion of Craft is Art. Pricing on Items Not Owned By Craft is Art is responsibility of the member that listed such items.

    • Craft is Art is both a retailer and a venue, its function as a venue is to let users list items that comply with Craft is Art's policies and sell them at a fixed price. Craft is Art is not directly involved in transactions between members (buyers and sellers).

    • Craft is Art does not pre-screen its members, the content or the information provided by members (buyers and sellers).

    • You agree that Craft is Art as a venue is not responsible or liable for any content, information, images, items, usernames, profiles posted by you and other members.

    • Craft is Art 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. Craft is Art does not transfer legal ownership of items from the seller to the buyer.

    • You agree that Craft is Art is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Craft is Art. You use the Craft is Art service at your own discretion.

    • The persons using the Site (a) are not misrepresenting their identity, location or authority to enter into contracts, and (b) are of legal age and capacity to enter into contracts.

    • A seller placing an Item on the Site is able to or will complete the sale of the Item or deliver the Item to the buyer, or that a buyer bidding on an Item is able to or will complete the purchase of an Item from a seller.

    • A seller has truthfully and accurately described an Item placed on the Site.

    • An Item listed for sale on the Site exists, or is (a) safe, (b) of any particular quality, (c) non-infringing with regard to the intellectual property rights of any person or entity, or (d) free from liens, encumbrances or contractual claims attributable to seller, or that an Item may be legally sold by the seller.

    • The sale and transfer of an Item complies with any or all applicable legal requirements for the sale, transfer and transport of that Item, including but not limited to statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding sales or auctions, the sale and/or transfer of any Item, export or import control, taxation, duties or tariffs, presence or licensing of brokers (the foregoing, “Legal Requirements”).

3.    MEMBERSHIPS

You must be 18 years or older to become a seller on Craft is Art. 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. Craft is Art reserves the right to remove any items, cancel invalid accounts and stores, and to refuse service to anyone for any reason at any time.

Fees

  1. Basic (Pay-as-you-go) Accounts
    Fees are applicable when sellers list items for sale, as well as a percentage of the order's total amount (including shipping). When you list an item you are required to read and accept the terms and conditions of use. At the same time, you are presented with a list of fees that you will be charged. Fees are subject to change, you will be notified via email (email will be sent to your email address on file) two weeks (ten (10) business days) before changes to the listing fees become effective. You are responsible for paying all fees associated with the use of Craft is Art. Each month Craft is Art will email an invoice detailing the amount due. Sellers have up to 10 (ten) days from the date of the invoice to pay the full amount. If seller's account is not paid in full, the seller risks penalties such as suspension and/or termination of the account. Fees are quoted in US Dollars (USD).

  2. Premium Accounts
    Premium Accounts do not receive periodic invoices as they have unlimited access to all the seller's features and tools, some exceptions may apply for new or special features.

    1. Monthly Membership:  One single fee is charged to your credit card every month. You may cancel your account at any time. No refunds are available. Fees are subject to change at any time and Premium Account holders will be notified 7 (seven) days prior to this change.

    2. Yearly Membership: One single fee is charged to your credit card every year. You may cancel your account at any time. Refunds are available only within the first month after signing up; 30% is to be retained for early cancellation. Additional fees may be retained incurred due to promotions and other special offers.

    Fees are subject to change at any time and Premium Account holders will be notified 7 (seven) days prior to this change.

  3. Premium Items for Basic Sellers
    Premium items are those items with features available only to Premium Account holders. Premium items can be purchased by Basic Account holders.

  4. Adding funds to your Account
    As a member, you have access to all the features and tools of Craft Is Art. Basic sellers need to have available credit to use Premium Features and Tools. The minimum amount is $1.00 USD. No refunds are available.

  5. Closing Account
    Members may cancel their account at any time provided there are no fees due. There are no refunds available.

4.     ITEMS OWNED BY CRAFT IS ART

The provisions in this Section apply solely to the purchase of items from Craft is Art's ("Owned by Craft is Art") inventory.

  1. WARRANTIES AND REFUNDS
    It is our guarantee that you receive the exact item you purchased. If there is a problem with your order, please contact us. We value your patronage and your satisfaction is important to us.

    1.  No refunds available, only exchange or replacement. Product must be unopened in its original packaging;

    2. Our warranty only covers defects that are the fault of manufacturing within 30 days of purchase. In the case of warranty exchange, the buyer will be responsible for return shipping. Craft is Art will then be responsible for exchange shipping to destination if the defect is found viable.

    3. If no defect is found on returned goods, labor costs and return postage will be charged to the buyer.

    4. Handling and postage is non-refundable.

  2. CHANGES
    Craft is Art reserves the right to change, in whole or part, prices, discounts, product, product specifications, products offered, terms and conditions of sale and policies without notice. No agent of either the customer or Craft is Art may alter, amend or otherwise modify any term, provision or condition of set forth on this Site. Any such purported alteration, amendment or other modification shall be void and of no force or effect. Any orders placed by a buyer on this Site are binding upon buyer when made.

  3. SALES TAX
    All purchases of any equipment purchased from Craft is Art shipped into Nevada are subject to state sales tax unless buyer has an applicable state sales tax permit and provides Craft is Art proof of such sales tax permit. In connection with items shipped to Nevada, Craft is Art reserves the right to charge any applicable taxes, including sales or use tax, on such sales without notice to buyer. All applicable taxes are the responsibility of buyer and buyer will indemnify Craft is Art, and hold it harmless, from and against any Claims relating to taxes assessed on Craft is Art.

  4. PAYMENT
    All ordering and shipping quotes are provided online -- no exceptions. We do not accept phone, fax or e-mail orders or quotes. All pricing quotes on products and shipping are available on the website only. No local pick up available.

  5. SHIPPING
    The customer is responsible for all shipping and handling. Shipping is figured in the shopping cart when you checkout. The handling fees are included in the shipping fee. Your order will ship within 2 business days of receiving payment, we ship Monday-Friday. If your order is placed on the weekend we will ship it the following Monday. In the U.S., your UPS package cannot be scheduled to arrive at a specific time of day. UPS Ground packages are delivered anytime between 9:00 a.m. and 7:00 p.m., Monday through Friday. You can use your UPS tracking number to obtain up-to-date information about the status of your package on our Tracking Page UPS Ground is a "UPS Guaranteed 3 Day Service." Estimated delivery time is the projected number of business days a shipment will take to reach your area after it has left our location(s).

5.    RESTRICTED ACTIVITIES

The information about any item listed and any activities on Craft Is Art shall not:

  1. Be false, inaccurate or misleading;

  2. Be fraudulent or involve the sale of counterfeit or stolen items;

  3. Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy; or

  4. Violate any law, statute, ordinance or regulation; or

  5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and there subject to recall;

  6. Be obscene or contain child pornography.

6.     DISCLAIMER OF LIABILITY

Craft is Art, GC Web Studio and their respective directors, officers, employees, agents and representatives (collectively, Craft is Art 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. Craft is Art 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.

7.     INDEMNIFICATION

Members hereby agree to defend, indemnify and hold harmless Craft is Art 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

8.     COMPLIANCE WITH LAWS

You agree to:

  1. at all times comply with all applicable laws, including, without limitation, any and all applicable laws governing exports and any applicable international laws;

  2. not violate any laws, third party rights, or Craft is Art's policies; and

  3. not use this Site if you are not able to form legally binding contracts or are under the age of 18.

9.     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 Nevada. 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 Clark County, Nevada. 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 Clark County, Nevada.

10.   SERVERABILITY

 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.

11.   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.

12.   INTERPRETATION

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.

13.   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 Craft is Art and any attempted assignment or delegation without such consent shall be void. Additionally, the provisions stated herein are for the sole benefit of Craft is Art, the Craft is Art Parties and users of this Site, and confer no rights, benefits or claims upon any other person or entity.

14.   WAIVER

No waiver by Craft is Art 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.

15.   SURVIVAL

All provisions of this Site related to indemnification, disclaimers and limitations on liability shall survive the termination or removal of this Site.

Last Rev. January 28, 2012

General Information