This document defines the terms and conditions of the agreement for the provision of services on the website handma.de, concluded between HDMD, LLC and the users who have registered on the above stated website as authors.
This document was last updated on January 1, 2020.
(2) Subject matter.
(9) Final provisions.
1. TERMS AND DEFINITIONS
1.1. Website – a set of software and data published on the Internet at the network address: https://handma.de, which allows users to exchange information about handmade items, offer these items for sale and make transactions between the Users in relation to such items.
2. SUBJECT MATTER
2.1. HDMD hereby expresses their intention to enter into an agreement (hereinafter referred to as the "Agreement") under the terms and conditions set forth in this document with any person who has registered on the Website as an Author.
2.2. According to this document HDMD undertakes the following obligations:
2.2.1. provide the Author with informational services for a fee related to the publication of information about the Author’s Items on the Website, as well as providing the Author with the technical ability to enter into and execute sale and purchase contracts with Buyers using the Website;
2.2.2. by the Author’s order, in HDMD’s own name and at the Author’s expense – perform the following:
– accept the non-cash payments made by the Buyers in favor of the Author for the Author's Items sold using the Website;
2.3. in order to fulfill its obligations under this document HDMD is entitled to get involved any third parties.
3. ENTERING INTO THE AGREEMENT AND REGISTRATION OF AN AUTHOR ON THE WEBSITE
3.1. This document is an offer (a proposal) made by HDMD to conclude an Agreement on the terms and conditions set forth in this document with any capable natural or legal person who has accepted this offer in accordance with paragraph 3.2 hereof.
3.2. Acceptance of the offer is carried out by sending a request to register the User authorized on the Website as the Author: by clicking on the link "I am an author" in the User menu and filling out the corresponding registration form. By sending a request to be registered as an Author the User confirms that they have read this document carefully, accepts it and agrees to follow it without any reservations or restrictions.
3.4. When the Agreement is concluded a number of the Agreement is assigned and displayed in the profile of the Author.
4. FILLING IN THE AUTHOR’S REGISTRATION DATA
4.2. The Author guarantees the accuracy of the information provided by them during registration. In case of any change in the information provided (including in the case of registration or termination or change of registration of a natural person as a sole proprietor), they undertake to notify HDMD of such changes no later than the next business day via their profile or by sending a appropriate notification to HDMD via the feedback form.
4.3. HDMD is entitled not to publish the Author’s page in the public domain until the application for publication of information about at least one Author’s Item is approved as provided for in section 5 hereof.
5. PUBLICATION OF INFORMATION ABOUT THE ITEM
5.1. Starting from the moment of registration of the User as an Author and the conclusion of the Agreement the Author is entitled to publish information about the Items on their page by filling out the relevant forms and sending HDMD the applications to publish information about the Item. The application is considered to be sent to HDMD after the Author completed all the required fields in the form of adding an Item and clicks on the "Add Item" button (which ultimately should lead to the fact that the Item is displayed in the showroom of the Author and has the status "Sent for verification").
5.2. At least three (3) photographs of the Item that meet the requirements for images defined by HDMD at the time of sending the application for publication of information about the Item (current requirements in English are available at: handma.de/en/documents/photo) must be attached to the form.
5.3. After the application for publishing information about the Item is sent to HDMD the information is reviewed by HDMD. Publication of information about the Item in the public domain occurs only after is approved by HDMD.
At the same time, HDMD is entitled to refuse to publish information about the Item or invite the Author to amend or append the form if it considers that the information in the form does not comply with the current legislation of the Russian Federation and (or) the country in which the Author is acting, violates or may violate the rights of third parties, offends or may offend the moral feelings of other Users, or if such information or the Item itself does not comply with the policy of the Website and (or) the personal preferences of HDMD. In any case, HDMD reserves the right to refuse to publish the information about the Item without any explanation.
5.4. When publishing information about the Item, HDMD assigns hashtags (search tags starting with the symbol “#”) for such an Item at its own discretion.
– the Item is in stock;
– the Item is available for ordering at a fixed price;
– the Item is not available.
6.1. When providing information about the Item, the Author selects the delivery methods that will be available to Buyers when ordering this Item. The choice of delivery methods is made of the options proposed to the Author by HDMD.
6.2. Upon receipt of the order and information on the selected delivery method, the Author must properly pack and ship the Item to the Buyer in the agreed period of time.
6.3. The delivery is paid by the Author. Later the Author is reimbursed by HDMD in accordance with paragraph 7.2.2 below.
HDMD is entitled to set off its claims against the Author in accordance with this paragraph against any amounts due to be paid to the Author (including those that concern the execution of other orders).
7.1. Acceptance of payments from the Buyers
7.1.1. Payment of the cost of the Items and the cost of delivery (if the delivery method by means of HDMD is selected) under the agreements between the Authors and Buyers concluded on the Website is carried out to the HDMD account. At the same time HDMD acts on behalf of the Author, involves an authorized payment acceptance operator or electronic money operator and is the recipient of the payment as an agent of the Author (only in terms of receiving funds from Buyers).
HDMD is not a payment agent for settlements in accordance with paragraphs 1, 4 part 2 of Article 1 of the federal law dated June 3, 2009 No. 103-ФЗ “On payment agents’ activity concerning reception of payments from natural persons”.
7.1.2. HDMD accepts payments from Buyers in favor of the Author for a fee in the form of a commission, the amount of which is determined by HDMD at the time of filling out the form for adding the Item on the Website. At the same time, the Author agrees to the size of the commission by submitting an application for publication of the Item to HDMD.
HDMD withholds the commission at the moment of payment to the Author in accordance with paragraph 7.2 below.
If stated by the current legislation of the Russian Federation at the time the commission is withheld HDMD sends to the Author's email address indicated at the signing up a cash receipt in the amount of the commission withheld.
7.1.4. Settlements with a Buyer who is not a resident of the Russian Federation in accordance with the Federal law of the Russian Federation "On Currency Regulation and Currency Control" dated December 10, 2003 No. 173-ФЗ may be made both in the currency of the Russian Federation and in foreign currency.
7.2. Payments to the Authors
7.2.1. HDMD makes payment to the Author in the amount of the price of the Item, reduced for the commission of HDMD, within 10 business days after receiving from the Buyer confirmation of receipt of the Item or after 48 hours from the moment of its delivery to the Buyer's address and if no claims from the Buyer in connection with the delivery of the Item arise.
The Author acquires the right to be paid for the Item only after the Buyer confirms the receipt of the Item or after 48 hours from the date of the delivery to the Buyer and if no claims from the Buyer in connection with the delivery of the Item arise.
7.2.2. In case (a) a refund of the payment for the delivery was agreed upon by the Author and the Buyer, (b) the payment equivalent to the cost of delivery was received by HDMD, and (c) the delivery was paid by the Author, the Author’s expenses shall be reimbursed without any deductions (except otherwise provided for in paragraph 7.2.3 hereof) within 10 business days of the date when the Item was sent to the Buyer, track number was submitted in the appropriate field of the order in the Author’s profile on the Website, and the first update of the delivery status was made, allowing to determine that the Item has been sent to the Buyer.
7.2.3. Settlements with the Authors who are not residents of the Russian Federation in accordance with the Federal Law of the Russian Federation "On Currency Regulation and Currency Control" dated December 10, 2003 No. 173-ФЗ can be made both in the currency of the Russian Federation and in the foreign currency.
7.2.4. If the currency in which the payment for the order is made by the Buyer differs from the currency of the money paid to the Author, payment to the Author is made at the rate established by the payment system (bank), from the account of which HDMD effects the payment on the day the payment to the Author is made. Any differences in the exchange rate that may arise will not be compensated by any party.
7.3. Payment for the additional services of HDMD
7.3.1. If provided for in this document and other applicable documents the Author pays for additional services of HDMD.
7.3.2. The payment for the additional services of HDMD is made in one of the following ways:
a) the payment is made in non-cash form via a form posted in the profile of the Author (if such a form is posted);
b) the payment is made by bank transfer to the HDMD bank account;
c) the payment for HDMD’s services is set off from the money the Buyers paid for the Item of the appropriate Author.
The Author chooses a payment method when ordering additional HDMD services.
If a payment method specified in subparagraph "a" above is chosen, the payment is considered to be made at the moment of debiting the money from the Author’s bank account.
If a payment method specified in subparagraph "b" above is chosen, HDMD sends a payment invoice to the email address specified by the Author during registration. The invoice is payable within five (5) banking days of the date of sending. Payment is considered to be made upon receipt of the money at the HDMD’s bank account.
If a payment method specified in subparagraph “c” above is chosen, HDMD sets off counterclaims for the Author for payments due to the Author and payments for additional HDMD services. A set-off is possible within the amount available for payment to the Author (minus the commission of HDMD).
7.3.3. In cases stipulated by the current legislation of the Russian Federation, at the time of payment HDMD sends to the Author's email address specified during registration a receipt for the amount of the commission.
8. LIABILITY AND GUARANTEES
8.1. The parties are liable for failure to fulfill or improper fulfillment of obligations under the Agreement in accordance with this document and the current legislation of the Russian Federation.
8.2. The Author is solely responsible for the proper execution of the sale and purchase agreements concluded with the Buyers and undertakes to reimburse HDMD for any losses incurred by HDMD due to any claims of the Buyers or other persons if such claim is caused by the Author's failure to fulfill (improper fulfillment) of their obligations.
8.3. The Author guarantees:
8.3.1. the accuracy and completeness of information about the Items and about themselves published on the Website in accordance with the legislation on consumer protection;
8.3.2. observance of the rights of third parties (including intellectual rights) when publishing information and materials on the Website;
8.3.3. proper fulfillment of obligations under the agreements entered into on the Website.
8.4. The Author is solely responsible for compliance with the norms of tax and other legislation in their activity, including, they are independently responsible for compliance with the requirements for state registration and tax registration, they independently perform the duties of paying taxes (including personal income tax) and other obligatory payments and contributions. By entering into the Agreement with the Author HDMD does not verify their compliance with the requirements of applicable law and does not assume any obligations in this regard.
8.5. If the Author’s violation of the requirements specified in paragraphs 8.2, 8.3 and (or) 8.4 of this document resulted in claims or lawsuits against HDMD and (or) orders of the state authorities and (or) third parties (including the rightholders and the Buyers) to HDMD for the payment of fines the Author undertakes to immediately provide HDMD with all the requested information (documents), assist HDMD in settlement of such claims, and reimburse HDMD for all documented damages (including legal costs, fines) suffered by HDMD as a result of such claims, lawsuits or orders caused by the Author’s violation of the rights of third parties and (or) the current legislation of the Russian Federation.
8.6. The Author is solely responsible for the safety and confidentiality of their credentials (username and password) and holds their control over the e-mail address specified during registration on their own. All actions performed using the credentials of the Author, as well as the e-mail address specified by the Author when registering their profile are considered to be carried out by the Author. HDMD is not responsible for unauthorized use of the Author's credentials by third parties.
9. FINAL PROVISIONS
9.1. The parties hereby agree that in order to exchange binding legal messages and documents while entering into and execution of the Agreement the following methods may be used:
9.1.1. e-mail addresses: for the Author – the address provided during registration of the Author’s profile; for HDMD – the following address: email@example.com;
9.1.2. Author’s profile: if the information is exchanged via the profile of the Author the familiarization with such information is within the control and responsibility of the relevant party, which should independently monitor the appearance and change of information, notifications and documents in the profile;
9.1.3. Postal addresses indicated by the parties in the Agreement and other documents sent to each other during the execution of the Agreement.
9.2. The Agreement is concluded for an indefinite period. Any of the Parties may terminate the Agreement in the following order:
9.2.1. The Author is entitled to terminate the Agreement by sending to HDMD the appropriate request for deleting of their profile from the Website, provided that the Author does not have unfulfilled obligations on orders of Buyers on the Website, as well as subject to the fulfillment of all monetary obligations to HDMD.
9.2.3. Either party has the right to terminate the Agreement in court in the case of a material violation committed by the other party (Article 450 of the Civil Code of the Russian Federation).
9.3. HDMD is entitled to amend or cancel the terms of the Agreement by posting a new version of this document or a message stating the cancellation of the Agreement on the Website or by sending a notice to the Author. In this case, the Agreement is considered amended or terminated starting from the date following the day of posting the appropriate message on the Website or sending a notice to the Author.
9.4. If the Agreement is terminated for any reason, the parties make the final financial settlement within 15 business days of the date of termination. Termination of the Agreement between the Author and HDMD does not affect the relationship between the Authors and Buyers under the sale and purchase agreements concluded on the Website.