CfM Art Marketplace

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Terms of Service

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Art Marketplace - Terms of Service

This User Agreement is effective upon registration of an account with the Art Marketplace by Case for Making. 
1.Introduction 2. About Art Marketplace by Case for Making 3. Definitions used in these terms 4. What we do and what we don't do 5. Registered users 6. Our rights 7. General obligations on visitors, sellers and buyers 8. Specific obligations on sellers 9. Specific obligations on buyers 10. Sellers fees & payments of items sold 11. Cancellation - this clause applies to sellers only 12. Disputes 13. Termination 14. Indemnity 15. Liability 15. Data protection 16. Other important terms

  1. Introduction 1.1 These terms and conditions apply to Your use of Our Services, whether as a visitor or registered user.  Please read these terms carefully and make sure You understand them before using Our Services. By using Our Services You indicate that You accept these Terms and that You agree to abide by them. If You do not agree to these Terms please do not use Our Services. 1.2 You can apply to become a Registered User of Our Website by creating an account.  If You apply to become a Registered User You will be asked to click to "Accept" these Terms. If You refuse to do so, You will not be able become a Registered User. Where You have refused to click to "Accept" but continue to use Our Website as a visitor Your continued use of Our Services will indicate acceptance of these Terms.

  2. About Art Marketplace by Case for Making 2.1 Art Marketplace is owned by Case for Making, which is an S Corp registered in California. 2.2 Our registered location and mailing address is 4037 Judah Street, San Francisco, CA 94122. 3. Definitions used in these terms Buyer means anyone purchasing Items from a Seller via the Website. Confirmation means Our email confirmation to You that You have become a Registered User. Content means the adverts, data, details, images, information, messages, photographs, screen names, text and all other material Posted by a Seller or Buyer on the Website. Fee means a fee payable by the Seller to Case for Making as set out in clause 10. Items means all goods offered for sale using Our Services. Marketplace means a convenient destination for visitors of the Website to discover and Registered Users to buy and sell items. Post means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words "Posted" and "Posting" shall be interpreted accordingly. Registered User means anyone who has signed up to have an account with Art Marketplace via the Website. Seller means anyone selling Items for purchase via the Website. Services means the provision of the Market Place provided by us through the Website. Terms means these Terms of Use, our Privacy Policy and any documents to which they refer. Case for Making, We, Us, Our means Case for Making, details as set out in clause 2 above, who operates and provides Services via the Website. Website means www.caseformaking.com/marketplace You/Your means the individual or entity using Our Services and may be a visitor, a Seller or a Buyer

  3. What we do and what we don't do 4.1 Case for Making offers the Services to visitors to and Registered Users of the Website. 4.2 Essentially Art Marketplace by Case for Making and the Website is a Market Place.  Sellers may list Items to sell and Buyers may find items to buy.  Visitors to the Website can browse Items but only Registered Users can offer Items for sale and purchase Items. 4.3 For details about how Our Services work please visit www.caseformaking.com/marketplace/about 4.4 We do not have possession of any Items and are not involved in the actual transaction between buyers and sellers. Therefore, We are not responsible for contracts for the sale and purchase of Items made through the Website.  Such contracts are between the Seller and Buyer. 4.5 Any contract between the Seller and the Buyer is subject to the terms and conditions which are implied by law or which the Seller and Buyer agree between themselves or both. We are not a party to the contract between the Seller and Buyer nor are we liable in any way under it. 4.6 While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and You may decide to follow it or not. 4.7 We do not review Seller or Buyer’s Content. 4.8 We are not responsible for the delivery of any Item.  If Items are collected in person by the Buyer we are not responsible for anything that may happen to the Seller or Buyer or anyone accompanying them to meet in person for a collection. Please take care and meet in sight of other people to avoid being in a vulnerable position. 4.9 We are not responsible for returns of any Item. It is the Sellers responsibility to determine and communicate if returns are acceptable and on what terms. Seller and Buyer should discuss postage and reimbursement. 4.10 We do not provide any warranties or assurances in relation to the Items You purchase (or attempt to purchase) from sellers via the Website.  This disclaimer does not affect Your statutory rights against the seller. If You would like information about Your legal rights You should contact Your local trading standards or citizens advice bureau. 4.11 We have no control over, and cannot guarantee the existence, quality, safety or legality of Items; the accuracy of information provided on or through the Website by Sellers or Buyers, including listings or feedback; the ability of Sellers to sell Items; the ability of Buyers to pay for Items; or that a Seller or Buyer will actually complete a transaction or return an item. 4.12 We cannot verify the identity of Registered Users. This means that some Registered Users may not be who they say they are;

  4. Registered users 5.1 By becoming a Registered User, You warrant that:
5.1.1 You are legally capable of entering into binding contracts;
5.1.2 You are at least 18 years old or if You are under 18 years old You have the prior written consent of Your parent or guardian to become Registered User and Your parent or guardian will supervise Your use of Our Services; and
5.1.3 If You are a business entity that You have the authority to legally bind that entity. 5.2 Your application to become a Registered User constitutes an offer by You to us to enter into a binding contract with us to become a Registered User. Following Your application You will receive Confirmation from Us. 5.3 You may create only one account on the Website per person. You may not assign, transfer or otherwise deal with Your Registered User account.

  5. Our rights 6.1 We reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion. 6.2 Without limiting our other remedies, We may limit, suspend, or terminate any Registered User’s account and access to Our Services, restrict or prohibit access to, and Your activities on, Our Services, cancel transactions, remove or demote or otherwise restrict the visibility of listings, reduce or eliminate any discounts, and take technical and legal steps to keep You from using Our Services if:
6.2.1 it is our reasonable belief that:-
6.2.1.1 You are creating problems or possible legal liabilities for Us, Our users, suppliers or other third parties;
6.2.1.2 such restrictions will improve the security of Art Marketplace by Case for Making community or reduce Our or another Registered User's exposure to financial liabilities;
6.2.1.3 You are infringing the rights of third parties;
6.2.1.4 You are acting inconsistently with the letter or spirit of these Terms; or
6.2.1.5 You have committed any form of abuse to Us, Our employees or Registered Users; 6.2.2 after selling an Item to a Buyer You fail to deliver it to the Buyer; 6.2.3 You fail to respond to any contact made by Us to You; 6.2.4 despite Our reasonable endeavours, We are unable to verify or authenticate any information You provide to Us; or 6.2.5 You fail to make, or it is evident that You are unable to make, full payment of any Fees due.

  6. General obligations on visitor, sellers & buyers

  7. 1 You agree to consider and comply with, as far as reasonably practicable, Our guidelines set out at www.caseformaking.com/marketplace/about 7.2 You agree to comply with Our Website Privacy Policy policy which can be found: XXX 7.3 You agree to comply with Website Acceptable Use Policy which can be found: XXX

  8. Specific obligations on sellers 8.1 When using Our Services, You acknowledge and agree the following:
8.1.1 You are responsible for the accuracy, content and legality of the Item Posted;
8.1.2 We may amend any Post to supplement, remove, or correct information and/or We may add an image of the Item to Your Post to enhance the likelihood of it being sold;
8.1.3 Your Post may not be immediately searchable by keyword or category. We cannot guarantee exact Posting durations;
8.1.4 not to post, list or upload Content or Items in inappropriate categories or areas on Our Website;
8.1.5 not to breach or circumvent any laws, third-party rights or Our systems or policies;
8.1.6 not to sell any counterfeit Items or otherwise infringe the copyright, trademark or other rights of third parties; and sell only items of which you are the sole owner, or in case of a sale on consignment, re-seller of second-hand, open-box or deadstock products, on behalf of a person who is the owner of the Products.
8.1.7 to deliver Items sold by You, unless You have a valid reason as set out in our policies or guidelines, for example the Buyer fails to comply with the terms listed in Your Post, or You cannot contact the Buyer;
8.1.8 not to post false, inaccurate, misleading, defamatory, or libellous Content;
8.1.9 not to take any action that may undermine the feedback or ratings systems on Our Website;
8.1.10 not to distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes whilst using Our Services or in connection with Our Website;
8.1.11 You are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to any Items You may sell using Our Services. To the extent possible under English law, You shall pay to Us as a debt on demand all costs incurred by Us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to Your failure to provide a valid VAT registration number and/or Your failure to pay any such taxes, penalties or interest;
8.1.12 any Content that violates any of Our policies may be modified or deleted at Our discretion;
8.1.13 where Your listing appears in search and browse, results may be based on certain factors such as listing format, title, keywords, price and postage cost, feedback, Our policy compliance and detailed seller ratings;
8.1.14 meta-tags and URL links that are included in a Post will be removed or amended so as to not affect third party search engine results;
8.1.15 we may provide You with optional recommendations to consider when creating Your Post. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings;
8.1.16 to drive the recommendations experience, You agree that We may display the sales and performance history of Your Posts to other sellers;
8.1.17 to drive a positive user experience, a Post may not appear in some search and browse results regardless of the sort order chosen by the Buyer; and

  9. Specific obligations on buyers 9.1 When using Our Services, You acknowledge and agree the following:
9.1.1 You are responsible for reading the full Item listing before committing to buy;
9.1.2 You will enter into a legally binding contract to purchase an Item when You commit to buy such Item; and to pay in full for Items purchased by You, unless You have a valid reason as set out in Our policies or guidelines, such as the Seller has materially changed the Item's description after You have committed to buy the Item.

  10. Sellers fees & payment of items sold 10.1We use Stripe to process all payments for Items sold using Our Services. 10.2 It may take up to 10 days for payments to be transferred from Stripe into the Seller’s bank account.  This is beyond Our control. 10.3 In order to run Art Marketplace by Case for Making and provide the Services efficiently, We do need to charge a Fee. 10.4 By using Our Services the Seller agrees to Us charging the Fee.  The Fee is a percentage of the final price an Item is sold for, including the price of postage if applicable. The Fee is made up of the following:-
10.4.1 20% platform fee, which is retained by Us to enable Us to provide Our Services and develop new features; and
10.4.2 XXX process transaction fee, which is charged by the transaction processing company. 10.5 The Fee will be deducted by Stripe.  The amount received by the Seller for each Item sold using Our Services will be the final price the Item has sold for minus XXX 10.6 The Fee includes Sales Tax unless otherwise indicated. 10.7 The Seller agrees that all amounts due to Us under these Terms shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this clause from any monies held for You by Stripe in relation to Your use of Our Services.

  11. Cancellations - this clause applies to sellers only 11.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide consumers with a legal right to change their mind when purchasing services online.  You do not need to provide any reason for the cancellation. The minimum cooling-off period You are entitled to under the Regulations is 14 days. 11.2 We offer You the right to terminate Your registration with Art Marketplace by Case for Making at any time, for any reason, with immediate effect by contacting us at info@caseformaking.com 11.3 If You have sold any Items to a Buyer within the 14 day cooling-off period then You would still have a right to terminate Your registration with Us but Your right to a refund of the Fee is lost.

  12. Disputes 12.1 We remind you that We are not a party to the contract between the Seller and Buyer nor are we liable in any way under it.  If a dispute should arise between Seller and Buyer then it is up to the Seller and Buyer to resolve the dispute between them.  We are not responsible for an issues or disputes that may arise between Seller and Buyer.  If you do have any queries or concerns in relation to a dispute you can contact us at info@caseformaking.com 12.2 To protect against the risk of liability, Case for Making has at times recommended, and may continue to recommend, that Stripe restrict access to funds in a seller's Stripe account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in Stripe determining to restrict funds in Your Stripe account.

  13. Termination 13.1 You may terminate Your registration with Art Marketplace by Case for Making at any time, for any reason, with immediate effect by contacting us at info@caseformaking.com . We reserve the right to check the validity of any request to terminate registration. 13.2 We may terminate Your registration at any time, for any reason, with immediate effect by contacting You at Your last known postal or e-mail address. 13.3 We may terminate Your registration without notice if You breach any of these Terms. 13.4 Termination by either party shall have the following effects:
13.4.1 Your right to use the services We offer to a Registered User shall immediately cease (You will still be able to access the Website as a visitor); 13.4.2 We are under no obligation to forward any unread or unsent messages to You or any third party. 13.4.3 Termination will not affect either party's outstanding rights or duties up to the date of termination, including our right to recover from You any money You owe to Us.

  14. Indemnity 14.1 You agree to compensate Us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, We incur arising out of any breach by You of these Terms, Your improper use of Our Services or Your breach of any law or the rights of a third party.

  15. Liability 15.1 Without prejudice to the general limits on Our liability referred to in clause 15.4 and subject to clause 15.5:
15.1.1 We are under no obligation to You to monitor or record any Content, Postings or any activities of Registered Users;
15.1.2 We do not assume any responsibility for the quality, safety or legality of Items;
15.1.3 We do not assume any responsibility for the truth or accuracy of any Postings or Content;
15.1.4 We make no promises, warranties or guarantees about Your ability to buy or sell Items using Our Website;
15.1.5 We do not guarantee that our Website will be secure or free from bugs or viruses; and
15.1.6 We are not responsible for third parties. For example, it is not Our responsibility if a Seller does not deliver Items, if the Items are not as described or if a Buyer does not pay for Items. 15.2 Although We try to keep the Website and Our Services safe, secure, and functioning properly, but We cannot guarantee the continuous operation of or access to the Website of to Our Services. 15.3 Notification functionalities as part of the Services may not occur in real time. Such functionality is subject to delays beyond Our control. 15.4 If we fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen. 15.5 We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other liability which cannot be excluded or limited under applicable law. 15.6 If we breach these Terms in any way, Our total liability to You is limited to the greater of (a) any amounts up to the price the related Item sold for on Our Website and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which You paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100. 15.7 This clause 15 shall survive termination of the Contract.

  16. Data protection 16.1 All information We may hold for You will be held and processed in accordance with the US Data Protection Regulations.

16.2You are referred to Our Privacy Notice which can be found at: XXX 16.3 By using Our Services, You consent to such processing and You warrant that all data provided by You is accurate.

  17. Other important terms 17.1 Events outside of Our control. We will not be liable or responsible for any matter arising out or in connection with events outside our reasonable control (a Force Majeure Event), including without limitation: (a) natural disasters or “acts of God,” such as lightening, tornadoes, hurricanes, tsunamis, floods and earthquakes; (b) manmade disasters, such as plant fires or floods; (c) war and civil issues, such as riots, civil unrest, acts of terrorism; (d) labour disputes or strikes; (e) government embargoes or other government actions affecting the supply chain; (f) power outages or transportation issues; (g) epidemic, pandemic or quarantine; (h) third party supply chain difficulties; and (i) all other causes whatsoever. 17.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will contact You to let You know if we plan to do this. If You are a Buyer and You are unhappy with the transfer You have the right to cease use of the Website.  If You are a Seller You may withdraw Your Items from sale on the Website. 17.3 We may amend these Terms.  We may amend these Terms at any time.   Our most current and up to date Terms can be found at XXX.  We will endeavour to notify You of any amendments to Our Terms by email, or via the messages section on the Website.  All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes Your acceptance of them. 17.4 You need our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under these terms to another person if we agree to this in writing. 
17.5 Nobody else has any rights under this contract. These Terms are between You and us. No other person shall have any rights to enforce any of the Terms. 17.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 17.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these terms, or if we delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date. 17.8 Complaints, which laws apply to this contract and where You may bring legal proceedings. If a dispute arises between You and The Octopus Club, We strongly encourage You to first contact us directly to seek a resolution by emailing us at info@caseformaking.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.  These Terms are governed by English law and You can bring legal proceedings in respect of the Services in the English courts. Terms updated on 28 August 2024, Case for Making