Terms and Conditions for Artisans

Please read these terms and conditions carefully before proceeding.

Terms and Conditions for Artisan Sellers

General

The Faber Artisan Market Place Ltd (“Faber”) is an online “Platform” that allows users to offer, sell, and buy “Goods” or “Products”. Please read these terms and conditions carefully before you sell or buy from our Platform.

You must be 18 years of age or older to enter a legally binding contract to sell online with Faber. All artisans must have the personal authority to agree to the terms and conditions to sell products on Faber.

If you are using our Platform as a representative of an entity, you agree to these terms on behalf of that entity.

Items must not be “mass-produced” through “mass production” methods and must be the original design or produce of the Seller.

These terms shall be governed by and interpreted in accordance with the law of England and Wales.

 

Contracts of Sale

We are a marketplace that allows users to offer, sell, and buy Products. The actual contract for the sale of Products is directly between the Seller and the Buyer. Faber is not liable to any person in relation to an offer for sale or purchase of any Product listed on our Platform. Faber is not responsible for any contractual obligations between the Buyer and Seller.

We may audit and monitor at our discretion the information in listings, comments, and reviews posted by users.

A buyer may place orders on the Platform as instructed on our Platform. By having an item available to purchase in their shop, the Buyer then accepts that order as it is placed on the website. At this point, a contract between the Seller and the Buyer exists.

We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.

 

Terms and Conditions for Sale

If you list an item on our Platform, you agree to the Terms and Conditions for Sale, our Policies, Selling Practices, and Code of Conduct. You are responsible for the accuracy and completeness of the listing of the Product offered and should delete any listings that are no longer available. We reserve the right to modify, suspend or delete any listing that violates our rules, policies, and practices.

We do not accept listings for re-selling supplies, vintage, or group collective sellers. We do not allow items that have been made by using a premade item. For “Artisan”, we ask that any items offered are original works. Prints are allowed but must be solely from your own designs, paintings, or drawings.

Photography uploaded to the Platform must be of good quality. We reserve the right to suspend the listing should the photography not be up to standard.

For all content that you provide, you warrant that:

  1. The content is accurate, up to date and not misleading.
  2. You own or otherwise control all necessary rights to meet your obligations under these terms regarding such content.
  3. The use of such content does not and will not infringe any intellectual property rights of any third party.
  4. Take all reasonable care to ensure that the Product’s price is correct.

 

Sellers Code of Conduct

When you become a seller online with Faber, you agree to comply with all ‘local’ laws and jurisdictions regarding online conduct and acceptable content. Your conduct online will be monitored by the Faber team. If you submit content deemed unacceptable, then the content will be removed, and your account may be suspended.

When you set up your online account with Faber, you agree to the following behaviour code of conduct:

  • You shall not threaten, intimidate, harass, or abuse any other Faber user.
  • You will not produce unwanted communications or spam.
  • You are legally responsible for maintaining that the content you submit is your own original work and is not owned by others.
  • You are responsible for all content and data, including images, audio, video clips, text, and pricing that you upload to the Faber website.
  • You must not post, list, or upload false, inaccurate, misleading, or defamatory content.
  • You are responsible for keeping your password secure.
  • You must not modify or adapt or ‘hack’ the Faber website.
  • You must not transmit or seek to transmit any viruses or code that aims to alter the behaviour of the Faber site.
  • You shall not link Faber online to your own shop or other selling platforms.

 

Liability

Under no circumstance will Faber be liable for any of the following losses or damages (whether such losses were foreseen, foreseeable, known or otherwise) and agree to indemnify against all legal fees, and damages for the:

  1. Loss of data.
  2. Loss of revenue or anticipated profits.
  3. Loss of business (economic loss).
  4. Loss of opportunity.
  5. Loss of potential goodwill, brand, or reputation.
  6. Losses suffered by third parties.
  7. Any indirect, consequential, special, or exemplary damages arising from the use of Faber online regardless of the form of action.

 

Copyright

Under no circumstances will copyright content be permitted to be sold. Any infringement of this by Sellers will result in our contract with you being terminated. All sellers must hold the trademark or copyright permission of the products they sell.

 

Subscription and Commission Fees Policy

Subscription fees are payable monthly in advance as per your subscription plan on a rolling monthly basis. Requests to change your subscription plan must be made via email to thefaberteam@faberartisans.com Your account will be suspended if you fail to pay your subscription charges when due.

Commission charges are payable upon the sales transaction taking place and do not include postage.   All transaction fees will be charged to the Seller.

Any changes to your Subscription or Commission fee will be notified to you via email 30 days before any changes occur.

To cancel your subscription, you must give 3 months’ notice via email to thefaberteam@faberartisans.com. All subscriptions for account closures are non-refundable.

 

Payments Policy

All payments are paid directly to your nominated bank account, less the commission and transaction fee upon confirmation of delivery to the Buyer’s designated delivery address. There may be a delay in the transfer of payments by up to 3 working days.

 

Data and Privacy Policy

Faber is the data controller in relation to the Platform. It is important that you read our Privacy Policy, which may be updated from time to time.

You must abide by all the relevant data protection and privacy laws and regulations. You may only use personal data to fulfil the order/transaction and deal with queries, deliveries, complaints, or returns. No personal data shall be collected, stored, or processed for any other purpose without the individual’s express consent.

Please see the Faber Privacy Policy for more information about what personal data we collect and process.

 

Marketing Policy

By submitting content to the Faber Platform, you grant Faber a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, publish, translate, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and incorporate your pieces in other works in any media. You agree to enable Faber to market your products, for example, blog posts, flyers, adverts, videos, web-marketing material, books, and magazines, both on and offline.

 

Changes in Service Policy

Faber has the right to change or modify the Service for any reason at any time without notice. Faber will inform sellers by email of any changes to the Terms of Use.   Faber retains the right to refuse Service to anyone at any time and to terminate accounts in breach of these Terms.

 

Sales Policy

The sales contract is between each individual “seller” and the “buyer”. Faber provides a service to facilitate the contract but is not responsible for the item sold/purchased, its fulfilment, postage, or shipment.

If for any reason we have to reimburse buyers for any non-delivery of goods, we will look to recover this amount plus an additional transaction reimbursement admin charge of £75.00.

All sellers agree to abide by the Consumer Contracts Regulations. This legislation protects the consumer when buying over the internet or by mail order and applies to all member states within the EU. Compliance with the legislation is the responsibility of the Seller.

https://www.legislation.gov.uk/uksi/2013/3134/contents/made

All items must be received by the “buyer” in under 30 days unless you agree to a longer-term in writing with the Buyer.

 

Refund and Returns Policy

The “buyer” has the right to return the items and request a refund within 14 days after receipt. The “buyer” is responsible for paying for the cost of return postage. The “buyer” must return the items per the Return and Refunds Policy. Refunds will be credited to the “buyer” within 14 days via the original payment method upon the items being received. Faber cannot be held liable for any loss of revenue or damage to the brand or reputation of the “seller”.

 

Refund of Defect or Damaged Goods Policy

The “buyer” has the right to return items if they are defective or damaged. Depending upon the circumstances, the “buyer” may be entitled to a repair, replacement or a full or partial refund. The “seller” is responsible for deciding what the “buyer” may be entitled to. Faber cannot be held liable for any loss of revenue or damage to the brand or reputation of the “seller”.

 

Cancellation Policy

The “buyer” has the right to cancel their order up to 14 days after placing their order. The “buyer” does not need to give a reason for cancelling their order.

 

Legislation Policy

Faber is an online platform for individual artisan and small businesses to sell to “buyers” online. The legal contract for the purpose of any transaction is between the “buyer” and “seller”; it is not with Faber.

You must comply with all applicable laws and regulations in providing, delivering, or rendering the Products that you offer or sell:

  • The Consumer Contracts Regulations
  • Guide to Online and Distance Selling for Businesses

All “sellers” must comply with UK product legislation:

  • The General Product and Safety Regulations
  • The Toy (Safety) Regulations 1995
  • The EU Regulation 1233/2009 (Cosmetics Regulation)
  • The Cosmetics Products (Safety) Regulations 2008
  • The Furniture and Furnishings Fire Safety Regulations
  • The Hallmark Act 1973
  • The Nickel in Jewellery Regulations
  • The Food Imitation Safety Regulations
  • The Food Hygiene Regulations

 

Terms and Conditions for Buyers

When purchasing a Product, you are responsible for reading the full listing before committing to buy any Product.

You enter a legally binding contract to buy a Product, and your order is accepted. Any order placed is deemed irrevocable and unconditional. In placing an order, you agree to the Sellers Terms set out in the Sellers’s listing of the Product.

Faber does not transfer legal ownership of Products from the Seller to the Buyer.

While we try to offer reliable information, we do not promise that any content or information provided on our Platform will be accurate, complete, up to date or always available.

You agree not to hold Faber liable for any inaccurate or misleading content.

 

Buyers’ and Seller’s Rights to Make Changes

If a Buyer wishes to make changes to the Product they have ordered, please get in touch with the Seller. The Seller has the complete discretion of whether to accept the changes. The Seller will inform the Buyer of any price changes, the timing of supply, delivery, or anything else necessary because of the change. If the Seller cannot make the change or the consequence of making the change are unacceptable to the Buyer, then the Buyer may request to end the contract.

A seller has the right to make changes to their Products from time to time to reflect changes in relevant laws and regulatory requirements.

 

Made-to-Order Items

If an item has been made to order or personalised, it is unlikely that you will be able to return it due to the special order or personalisation of the Product.

 

Price and Payment

The price of the Product (which includes VAT) will be the price indicated on the order pages when a buyer places an order.

If the VAT rate changes between the date of placing the order and the date the Product is supplied, the VAT rate applied will be that of when you placed your order.

 

Use of Buyers’ Personal Information

When you register or otherwise use our Platform, you provide us with personal data, which is collected and used in accordance with the terms of our Privacy Policy. It is important that you read and understand how we use your information and the rights that you have to your information.

 

Entire Agreement

These Terms constitute the entire agreement between any user and Faber in relation to the use of the Platform.

You acknowledge that you will have no remedies in respect of any statement, representation, assurance, or warranty (whether made incorrectly or negligently) that is not set out in these terms.

We may transfer our rights and obligations under these terms to another organisation. We will contact you via email if we plan to do this. If you do not wish to continue your contract with the transferee, then you may give notice as per your termination rights.

If a court finds any part of this contract illegal, the rest will remain in force as each paragraph and term operates separately and will remain in full force and effect.

 

Governing Law and Jurisdiction

These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and in accordance with the laws of England and Wales.

Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims).

 

Faber Contact Details

We are Faber Artisan Market Place Ltd, a company incorporated and registered in the United Kingdom, trading as Faber, with company number 12722291, having its registered office at 85 Great Portland Street, London, W1W 7LT.

The Faber Team is here to support you. Should you have any questions, please get in touch with thefaberteam@faberartisans.com

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