Store Owner’s Agreement
MerchantQ (sometimes herein “MerchantQ,” “We”, “Us” or “Our”), offers services through the domain www.HandmadeThingys.com (sometimes herein the “Site”, Online Store(front)” or “Marketplace). By registering an online store with MerchantQ, you (“Store Owner,” “You” or “Your,” which collectively includes You and any other entity you may be representing) agree to abide by the Terms of Service (”Terms”) outlined below. MerchantQ reserves the right to edit these Terms at any time, so We recommend checking back from time to time for any changes that might apply to You. Your registration with MerchantQ as a Store Owner on HandmadeThingys.com constitutes a binding agreement between You and MerchantQ (“Store Owner’s Agreement”).
MerchantQ provides a web application (“Software”) that allows Store Owners to create an online store through which they can sell goods and services online. MerchantQ also provides merchant services, including hosting of the online store, access to site design templates, marketing services and other related services as may be offered from time to time (individually and collectively, “Services”).
When a Store Owner lists an item or product for sale on HandmadeThingys.com and a buyer agrees to purchase the item, the parties have entered into a binding agreement which both parties are required to fulfill. The Store Owner should sell and the buyer should buy the goods or services for the price agreed to by the Store Owner and its buyer.
Account Terms for All Store Owners
Order fulfillment is the Store Owner’s sole and full responsibility. All products purchased through a MerchantQ online store must be fulfilled by the Store Owner in a timely manner, and in all events within a maximum of 7 business days following completion of an order, unless otherwise agreed by the Store Owner and its buyer. Failure to fulfill orders may cause Your store to be suspended by MerchantQ.
Under no circumstances are you to make any attempt to avoid MerchantQ’s Marketplace fee or other fees. This includes writing this information in your description, FAQ, or any other public facing element on MerchantQ’s platform.
You are responsible for any customization of your Online Storefront, including graphics and information.
You are responsible for managing all products and collections, including information about the product, product variants and product images. You must correctly and accurately describe all products listed in Your HandmadeThingys.com online store.
You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under Your Merchant account.
MerchantQ’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the Store Owner and is responsible for any and all activities.
You authorize MerchantQ to process any and all of Your Merchant account transactions initiated through the use of the password and/or passphrase that you establish through registration on the Site and you are solely responsible for maintaining the confidentiality of such password and/or passphrase. MerchantQ cannot and will not be liable for any loss or damage from Your failure to maintain the security of Your account and password.
You may not use MerchantQ’s online stores for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).
You will be responsible for payment of all applicable sales, use and other taxes and government charges, whether federal, state or foreign, for each sale made through Your online store.
We may, but have no obligation to, remove content and accounts containing content that We determine at Our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You expressly understand and agree that MerchantQ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
You must not transmit any worms or viruses or any code of a destructive nature.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the express written permission of MerchantQ.
MerchantQ does not claim any intellectual property rights over the material You provide to the MerchantQ service. All material You upload remains Yours.
You agree to not sell or rent any purchasers’ information to any third-party companies. This includes Name, Email, Address and Phone Number.
Technical support is available via email or Our Customer Support Contact form, or by Phone m-f 9am-5pm.
MerchantQ works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at hmtsupport@MerchantQ.com. MerchantQ does not warrant that the Service will be uninterrupted, timely, secure or error-free. The Service is provided on an “as is” and “as available” basis without any warranty or condition. We have implemented top notch security features but as there are criminals out there who do there best to break security. That is why we will do our best to stay ahead of those threats.
A breach or violation of these Terms, at the sole discretion of MerchantQ, may result in immediate termination of Your Services.
You shall pay all Fees in accordance with MerchantQ’s then current payment policies which can be found at here. If you believe there has been an error in calculating the Fees, you can contact MerchantQ at firstname.lastname@example.org.
Inclusion in the Marketplace is not guaranteed and your store may be removed from the Marketplace at our discretion. Reasons for removal include, but are not limited to:
MerchantQ receiving more than 3 customer complaints regarding your store;
Your store averaging a rating of less than 0;
An incomplete store FAQ section;
Missing brand assets, such as logo, banner, or poor quality photographs.
You agree not to post 3rd party advertisements of any kind in your store front. This includes banner ads, Google Adwords or affiliate programs of any kind.
We reserve the right to modify or terminate the Service for any reason, without notice, at any time.
Prohibited Listings and Products
We expect Store Owners to undertake necessary due diligence to confirm the products listed for sale in Your HandmadeThingys.com online store are in strict conformity with all applicable laws. In the event MerchantQ concludes that a product or listing for product is prohibited, possibly illegal or inappropriate, We may without any notice to You immediately remove or modify the listing for the product. MerchantQ reserves the sole right and discretion to determine whether listings for products and contents on the Site is appropriate.
The following products, items and services are not permitted to be sold or listed for sale on the Site:
Media which has been copied likely infringes copyrights and trademarks and may not be sold on the Site. Any copyrighted materials which have been copied without authorization are prohibited on the Site. Furthermore, the following items are not permitted to be sold or displayed on the Site:
Unauthorized copies of photographs and pictures.
Unauthorized recordings of music or concerts.
Unauthorized soundboard recordings.
Unauthorized reproductions of movies.
Unreleased/prereleased movies or video related thereto such as previews and trailers.
Unpublished and unauthorized film scripts, electronic press kits and unauthorized props.
Unauthorized reproductions of books
Unauthorized recordings or copies of recordings of radio programs or television programs and unauthorized scripts.
Any video games or software unless such video games and/or software are full retail versions.
Media which is produced and distributed for promotional use only are not authorized for retail distribution or sale, including but not limited to promo books, promo music albums and CDs, promo films and promo software.
Unauthorized replica, counterfeit and “knock-off” merchandise is prohibited.
Celebrity images and/or the use of celebrity names without permission of a celebrity or their management including products containing such images.
Media transferred from one format to another.
Photography, paintings, illustrations of any sort, textual descriptions, videos, DVDs, tapes or other media for visual reproduction that is pornographic or depicts a human being engaged in actual sexual conduct; gratuitous nudity or suggestive gratuitous nudity; any item depicting a nude individual under the age of 18 years; the offer to engage in sexual activity with anyone or anything; the offer of a massage or other service requiring physical contact; the offer of any service that suggests or in any way conveys an intimate service contact, including dates, escorts or other such services; adult novelties, toys and devices of a sexual nature for which one would have to be 18 years of age to purchase in the United States. Tasteful nudity may be allowed if the artwork is considered fine art, such as Michelangelo’s David.
Listings intended wholly or mainly as gateways to commercial or private websites for the purposes of advertising, or that offer contact information for non-MerchantQ transactions.
The sale of Internet domain names (URLs).
Cash or equivalent instruments.
Weapons. MerchantQ currently does not permit the listing of weapons of any kind. Such prohibited weapons include, but are not limited to: all firearms, ammunition, fireworks, crossbows, hunting bows, knives of any kind, nunchaku, clubs, brass knuckles, BB guns, paintball guns, pellet guns, tasers, stun guns, pepper spray, mace, blowguns, and weapons designed to be concealed.
Illegal items. Items sold in a MerchantQ online store must adhere to all applicable laws. This includes the sale of items by individuals outside the United States. Some items that may not be sold on MerchantQ include: tobacco products including Cuban cigars, stock and securities, lottery tickets (including grab bags and raffles), illicit drugs, prescriptive devices and drugs, cable descramblers, lock-picking devices, smart cards, and any product which may lead to the production of an illegal item or illegal activity.
Items that infringe upon an individual’s privacy including the sale of marketing lists (bulk email lists, direct-mail marketing lists, etc.).
Living creatures and unauthorized/illegal wildlife products.
Offensive material as deemed offensive by MerchantQ in its sole discretion including items such as crime-scene photos and human organs and body parts.
Any item that enables unauthorized transmission/reception of a satellite broadcast/signal.
Stolen property and goods.
Tobacco and tobacco products.
Wine and other alcoholic beverages and related products.
Unauthorized copies of art in any form.
Any product that by listing same on the Site violates any law in any jurisdiction.
Automobile tires or batteries.
Electronic smoking products.
Illegal drugs or drug paraphernalia.
Any product containing any hazardous or dangerous material including mercury or any product whose use is regulated by any law in any jurisdiction.
Medical equipment unless approved in advance by Us.
No plants or seeds designated by any agency as noxious or dangerous and no illegal plants or seeds.
Electronic surveillance equipment.
Tanning devices unless approved in advance by Us.
Service contracts or warranties.
Additionally, posting of links to outside websites intended to sell items—particularly those with non-MerchantQ ordering tools or information or posting promotional logos to credit outside services is strictly prohibited.
Social followers, likes, follows, etc.
Spam Products & Comments
MerchantQ does allow store owners to setup more than one store using the same PayPal account, However as a store owner you are not allowed to list identical products in more than one store attached to a single PayPal account. Any store owners found listing identical products in more than one store that they operate will have all stores attached to their account immediately disabled, as well as being banned from HandmadeThingys.com.
As a store owner you agree not to “spam” other products in the HandmadeThingys.com Marketplace by leaving comments including links or text asking users to view your store or product. This not only makes you look bad as a store owner it also reflects poorly on the entire HandmadeThingys.com Marketplace. Any stores found spamming the HandmadeThingys.com Marketplace will have their store and account immediately disabled.
Any store owners found “gaming” the system by creating fake user accounts to generate likes or feedback for their products will be immediately disabled and banned from HandmadeThingys.com
Disclaimer and Dispute Resolution
MERCHANTQ ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT THEREON. MERCHANTQ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, ALL CONTENT THEREON, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. MERCHANTQ DOES NOT WARRANT : THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE CONTENT; OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, ‘WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
If a dispute arises between You and MerchantQ, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a “Claim”) against MerchantQ in accordance with one of the options provided below or as We and You otherwise agree in writing.
This Store Owner’s Agreement shall be governed in all respects by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions.
Option One – For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to handle the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties in the greater Concho, Arizona area. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) the arbitrator’s decision shall be final and not appealable to any court or any other tribunal or arbitrator(s), and shall be entered and enforceable as a judgment in a court of competent jurisdiction in Concho, Arizona.
Option Two – For any other Claim other than a Claim which qualifies and is opted for by a party under option one above, such Claim may be submitted by either You or Us for arbitration to the Concho, Arizona office of the American Arbitration Association. Such arbitration proceedings will be conducted in Concho, Arizona and will be heard by one arbitrator in accordance with the then current commercial arbitration rules of the American Arbitration Association. Such arbitrator will be a lawyer of recognized standing and expertise in the area of commercial transactions.
Attorneys’ Fees – In the event MerchantQ is required to incur any attorneys’ fees or other expenses in connection with enforcing or defending its rights under this Store Owner’s Agreement with respect to a Claim relating to Your use of the Site, You shall reimburse MerchantQ for such reasonable attorneys’ fees and expenses.
These Terms are effective March 25 2016, for current Store Owners, and upon use of the Site by a new Store Owner. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Store Owner’s Agreement. This Store Owner’s Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.