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Terms of Use

           These rules (hereinafter referred to as the "Rules") determine the procedure for using information services on the website handma.de, provided by HDMD, LLC.

            By using the website handma.de and the services on it you agree to these Rules. Please read it carefully.

            These Rules were last updated on October 21, 2020.

 

            QUICK LINKS:

(1)       Terms and definitions.

(2)       User agreement.

(3)       Languages and currencies.

(4)       Signing up and profile of the User.

(5)       Registration of the User as an Author.

(6)       Publishing and ordering of Items.

(7)       Payments.

(8)       Delivery.

(9)       Support service, Dispute resolution.

(10)     Liability when using the Website.

(11)     Confidentiality and processing of personal data.

(12)     Final provisions.

 

1.         TERMS AND DEFINITIONS

1.1.      Website – a set of software tools and data posted on the Internet at the address: https://handma.de, allowing users to exchange information about handmade items, offer them for sale and make transactions among themselves in relation to such items.

1.2.      HDMD – HDMD, LLC (Litovsky blvd, 5/10-380, Moscow, 117593, Russia, INN (taxpayer identification number) 7728445015, OGRN (primary state registration number) 1187746804893), acting as the Website administrator and providing the Users with services under these Rules.

1.3.      User – any legally capable narutal person or authorized representative of a legal entity using the Website in any way: for viewing information, for ordering and (or) placing Items for sale and for other permissible purposes. The user is any person who meets the specified criteria, registered on the Website or using the Website by browsing its web pages without signing up or signing in.

            The User can be both an individual registered as a sole proprietor and a person who does not have such a status.

            If an authorized representative of a legal entity is registered as a user, such a representative acts on behalf of the legal entity he represents.

1.4.      Author – the User who has signed up on the Website in the general manner, and fulfilled the additional registration of their account as an Author, if such an account has been verified and confirmed by HDMD the act as an Author’s account. The registration of the User as an Author is initiated by clicking on "I am the author" link from the User’s menu.

1.5.      Buyer – the User who intends to purchase the Item from the Author using the Website or has already entered into an agreement with the Author for the sale and purchase of the Item using the Website.

1.6.      Item – a partially or fully handmade item made by the Author in person or on his behalf, offered for sale using the Website or presented on the Website for informational purposes.

1.7.      Base Currency – one of the currencies displayed on the Website, in which the Author indicated the price of the Item when posting information about such an Item on the Website.

1.8.      Base Language – one of the languages of the content used on the Website (including descriptions of the Items) in which the Author provided a description of the Item when posting information about such an Item on the Website.

 

2.         USER AGREEMENT

2.1.      Under the conditions set forth in these Rules, HDMD expresses its intention to conclude a user agreement (hereinafter referred to as the "User Agreement") with any person considered as the User in accordance with these Rules, in order to provide such User with information services and the opportunity to use the services on the Website.

2.2.      Any User unconditionally accepts these Rules and is considered to be entered into the User Agreement from the moment of signing up on the Website or from the moment of using the Website in another way (viewing it and (or) making orders of Items without signing up). Signing up of the User on the Website or the start of use of the Website is considered to be the appropriate acceptance by the User of the HDMD’s offer contained in these Rules and entails the conclusion of the User Agreement, which is equivalent to a document drawn up in writing. By signing up on the Website or starting to use the Website in another way, the User confirms that they have read these Rules and fully apprehended its content.

2.3.      The terms of the User Agreement can be accepted by the User only by accession to these Rules in whole (on the terms of the accession agreement, Article 428 of the Civil Code of the Russian Federation).

2.4.      The Author and the Buyer use the Website to conclude a contract of sale and purchase of the Item between themselves. HDMD is not a party to this contract and provides the Users with information services on the terms specified in these Rules and on the basis of the User Agreement.

 

3.         LANGUAGES AND CURRENCIES

3.1.      Language for displaying content.

3.1.1.   Due to the fact that the Website is hosted in several languages, the User has the right to choose any language for displaying content from those offered on the Website.

3.1.2.   When publishing the Item, the Author provides a description of the Item in the Base Language.

3.1.3.   If the description of the Item is not displayed in the Base Language, such a description is considered displayed for informational purposes only and cannot be referred to as the most complete, accurate and reliable description of the Item. Under any circumstances, to obtain complete, accurate and reliable information about the Item, the Buyer should be guided by the description in the Base Language.

3.2.      Currency of the price of the Item.

3.2.1.   The Users have the right to choose the currency in which the prices of the Items are displayed on the Website.

3.2.2.   When publishing the Item, the Author shall indicate the price of such Item in the Base Currency.

3.2.3.   If the price of the Item is not displayed in the Base Currency, this price is approximate, calculated at the rate of the displayed currency to the Base Currency, set by the Central Bank of the Russian Federation on the day the price of the Item is displayed, and is provided for informational purposes only. The price of the Item which is not displayed in the Base Currency contains the sign "~" (tilde).

3.2.4.   Payment for the order is made in the Base Currency and does not include any conversion fees that may be charged by the Bank and (or) the payment system from the Buyer in addition to the price of the Item.

 

4.         SIGNING UP AND PROFILE OF THE USER

4.1.      Regardless of the signing up on the Website, the User can view the Items in the feed and place orders in accordance with these Rules.

4.2.      Signing up of the User (creating an account and user ID). The following methods are available to the User:

4.2.1.   Signing up by means of an email address – the User is to fill out a form containing the following fields with information required to be filled in:

–          email address;

–          user name (alias);

–          password for access to the User’s profile.

4.2.2.   Signing up by means of a connecting to the social account with importing of the following data:

–          user name (alias);

–          email address (if at the time of signing up the specified data was published on the social network in the public domain).

            When signing up as specified by this paragraph, the social network profile identifier (ID) will be imported from the social network selected for connection. After importing the data from a social network, the User can edit such data at their discretion, with the exception of the profile ID imported from the social network. The profile ID imported from the social network cannot be edited in the profile, it can only be untied from profile.

            To complete the signing up procedure under this paragraph the User is to manually add all the missing data that were not imported from the social network profile.

4.3.       The User’s signing up under any of the available methods is possible only after the User give their express consent to these Rules and the Personal Data Protection Policy, the English version of which is available at: handma.de/en/documents/pdppolicy.

4.4.      After filling in all required fields, a User account is created and an email with a link to activate the User account is sent to the specified email address. The activation of the User account occurs by clicking on the link contained in the email.

4.5.      By signing up on the Website the User undertakes to indicate complete and accurate information, monitor the relevance and reliability of the information and independently carries all the risks associated with the provision of inaccurate, insufficient and (or) inaccurate information.

4.6.      Starting from the moment of signing up on the Website the User independently controls the change of his data in their profile. User data provided during the signing up can be changed independently in your account. In case of problems with the independent modification of the User’s data, you must contact the Website administrator using the feedback form posted on the Website in the "Help" section. The term for processing a request from the User is up to 30 (thirty) business days.

4.7.      If the false information is indicated during signing up, as well as in case of untimely change of outdated information, the User assumes the risk of any negative consequences associated with the provision of incorrect information.

4.8.      User signing up on the Website is free.

4.9.      The User account created during signing up should be considered valid until the User refuses to use the Website or until the Website administrator terminates the User’s access to the Website.

4.10.    Starting from the moment of signing up the User has access to a profile with additional features that may be changed from time to time at the discretion of HDMD in order to improve the quality of the Website. In any case, the User’s profile has a menu that allows User to go to the following sections of the profile:

–          the "Subscriptions" section, where the User can view and edit the list of Authors and (or) hashtags that are displayed in the personalized feed of the authorized User;

–          the "Bookmarks" section, where the User can view and edit Items or the Authors' posts that the User has added to bookmarks by clicking on the corresponding button in the Item card;

–          "My orders" section, where the User can view the list and status of the placed orders, order notifications and interact with Authors and HDMD as part of orders;

–          the "Settings" section, where the User can view and edit his personal data (their name, an email address associated with the account for signing in and sending notifications), change the password for access the profile, and upload the User's image;

–          the "Help" section, where the User can get acquainted with the answers to frequently asked questions of the Users about the Website and its use, as well as go to the feedback form;

–          the link "I am an author", by clicking on which the User can initiate the procedure of registration of the User as an Author by filling out the appropriate questionnaire and accepting the terms of interaction proposed by HDMD.

–          the "Sign out" button, by clicking on which the User signs out of their account on the Website, after which the User must re-sign in to access their profile.

 

5.         REGISTRATION OF THE USER AS AN AUTHOR

5.1.      In order to register on the Website as an Author the User should follow the link “I am the author” in the User’s menu, fill out a questionnaire on registering the User as an Author and accept the terms and conditions of the Service Agreement for Authors (available in the “Legal information” section of the Website and provided upon initiation of the procedure of the User’s registration as an Author).

            The Author’s data is collected in two stages. At the first stage, the User must provide the minimum set of data that is necessary to register the Author’s account, allowing the Author to publish information about the Items on the Website (hereinafter referred to as the "initial registration"). At the second stage, the User who is successfully registered on the Website as the Author must provide extended information (hereinafter referred to as "extended registration"). Without providing the extended information about the Author it is impossible to make any payments to the Author from HDMD, even if the Item was sold through the Website and the Buyer made the full payment for the Item.

5.2.      Upon the initial registration as an Author, the User must provide the following information:

(A)       data to be published in the public domain on the Author’s page (visible part):

–          name of the Author (workshop);

–          the preferred short address of the page of the Author (workshop) on the Website;

–          country, region, city where the Author (workshop) is located;

–          a brief description of the Author (workshop) – optional.

(B)       data that is provided only to HDMD and will not be publicly available without the consent of the Author, except the cases provided for by these Rules, an agreement with the Author or the law (hidden part):

–          contact phone number (to verify it the User is to enter the service SMS code received on that phone number);

–          links to the Author’s (workshop’s) personal Internet page and the Author’s (workshop’s) pages on other web-services and (or) social networks.

5.3.      In case of extended registration as an Author, the User must provide the following information:

5.3.1.   for the Authors – natural persons: data that is provided only to HDMD and will not be publicly available without the consent of the Author, except the cases provided for by these Rules, an agreement with the Author or the law (hidden part):

–          first name, patronymic, last name;

–          date of birth;

–          location zip-code of the place, where the Item will be dispatched;

–          registered address;

–          residence address (if differs from the registered address);

–          ID data;

–          INN (Taxpayer Identification Number);

–          bank details.

5.3.2.   for the Authors (workshops) – sole proprietors:

(A)       data to be published in the public domain on the Author’s page (visible part):

–          first name, patronymic, last name;

–          Primary State Registration Number of a Sole Proprietor (OGRNIP);

–          hours open.

(B)       data that is provided only to HDMD and will not be publicly available without the consent of the Author, except the cases provided for by these Rules, an agreement with the Author or the law (hidden part):

–          date of birth;

–          location zip-code of the place, where the Item will be dispatched;

–          registered address;

–          residence address (if differs from the registered address);

–          ID data;

–          INN (Taxpayer Identification Number);

–          VAT payer status in the Russian Federation;

–          bank details.

5.3.3.   for the Authors (workshops) – legal entities:

(A)       data to be published in the public domain on the Author’s page (visible part):

–          company name;

–          location address;

–          hours open;

–          Primary State Registration Number (OGRN).

(B)       data that is provided only to HDMD and will not be publicly available without the consent of the Author, except the cases provided for by these Rules, an agreement with the Author or the law (hidden part):

–          location zip-code of the place, where the Item will be dispatched;

–          postal address (if differs from the location address);

–          INN (Taxpayer Identification Number);

–          documents confirming the representative’s authority to act on behalf of the legal entity;

–          first name, patronymic and first name of the representative;

–          ID data of the representative;

–          VAT payer status in the Russian Federation;

–          bank details.

            Please note that prior to confirming the representative’s authority to act on behalf of the legal entity such a representative may be registered as an Author with the status of a “natural person”.

5.4.      Starting from the moment of registration of the User as the Author the additional sections appear accessible in the Author’s menu, in addition to the sections specified in paragraph 4.10 of these Rules, :

–          the "Showcase" section, where the Author can view and edit the list of Items already published by them on the Website and (or) being under the review for publication;

–          the "Orders" section, where the Author can view the list of orders received from Buyers, notifications of orders received, interact with the Buyers within the orders received, track and change the status of orders received from Buyers;

–          the "Settings" section repeats the "Settings" section from the User’s profile (not registered as the Author), except the advanced settings of the Author’s page in the "Author Page Settings" section, which provides access to the information about the Author published on the Website (visible to other Users) or being in the process of confirmation and publication (not yet visible to other Users).

            The list of the sections of the Author’s profile may change from time to time at the discretion of HDMD in order to improve the quality of the Website.

5.5.      The Author’s page claimed for publishing on the Website is to be moderated. HDMD reserves the right to refuse to publish information on the Author’s page if, in the opinion of HDMD, such information contradicts moral standards, is unreliable or contradicts the concept or general appearance of the Website, as well as without any explanation.

 

6.         PUBLISHING AND ORDERING OF ITEMS

6.1.      The Website provides the Authors with the opportunity to publish information about the Items on their pages. The Website provides the following options for publishing information about the Items:

6.1.1.   The Item is in stock: the Author offers the Item for sale at the price determined in the offer;

6.1.2.   The Item can be made at a fixed price: the Author proposes to make the Item at a fixed price; the time of shipment of the Item is additionally agreed upon by the Author and the Buyer when placing the order;

6.1.3.   The Item is not available for order: information on the previously manufactured Item and its price is placed solely as a sample of the work of the Author. The option specified in this paragraph may be applied automatically if, in the opinion of HDMD, at the time of viewing information about the Item there is any obstacle that may not allow the Author or the Buyer to properly execute the contract of sale of the Item (i.e., if there are any customs or other restrictions associated with the cross-border shipment of the Item, if the payment for the Item is limited for the Buyer, if there is HDMD is not allowed to accept payment from the Buyer, etc.).

6.2.      In the cases referred to in paragraphs 6.1.1 and 6.1.2 of these Rules, the Author’s offer is a public offer and means the Author’s intention to enter into a sale and purchase agreement on the terms and conditions set forth in the offer with any Buyer who has applied for (paragraph 2 of Article 437 of the Civil Code of the Russian Federation).

            In all cases, the sale and purchase agreement between the Author and the Buyer is considered concluded at the moment of placing the order and paying for it by the Buyer as prescribed by paragraphs 7.1 and 7.2 of these Rules. The order placed on the Website contains all the essential conditions of the sale and purchase agreement between the Author and the Buyer.

6.3.      In order to place an order the Buyer selects the Item from the published offers.

            In cases stipulated by paragraphs 6.1.1 and 6.1.2 of these Rules after selecting the Item the Buyer proceeds to the payment and delivery options of the offer. In case stipulated by paragraph 6.1.2 of these Rules an additional confirmation by the Author of the date of shipment of the Item is required. The order is considered to be placed at the time the payment is successfully effected.

6.4.      When placing an order the Buyer must provide the following reliable information: the Buyer’s full name, delivery address, contact phone number, email address. If technically possible the specified information can be stored in the User’s account and used later when ordering Items on the Website.

            If an order is placed by the Buyer – legal entity, it is also necessary to provide information about such a legal entity (company name, OGRN (Primary State Registration Number), INN (Taxpayer Identification Number), legal address and delivery address, full name of the representative, contact phone number, email address) and provide copies of documents, confirming the right of the representative to act on behalf of the legal entity. If such documents are not provided the natural person indicated as a representative is considered to act on his own behalf and in his own interest when placing an order.

6.5.      At the time the Buyer clicks the "Proceed to checkout" button, the terms and conditions of the order are considered accepted, while the Buyer confirms that:

–          information about the Item and the Author is brought to the attention of the Buyer in full (taking into account the provisions provided for in section 3 of these Rules);

–          prior to entering into an agreement with the Author, the Buyer familiarized himself with all the information about the Author and the Item, obligatory to be brought to under the laws of the Russian Federation on the protection of consumer rights;

–          the data provided by the Buyer are reliable.

            Payment for the order is to be made within 24 hours of the moment when the Buyer filled in the necessary information concerning the order and pressed the button "Proceed to checkout" (deadline for accepting the offer). If the Buyer has not paid for the order within the specified period, the order may be automatically canceled by HDMD or by the Author.

            Payments are made under the section 7 of these Rules.

 

7.         PAYMENTS

7.1.      The price of the Item and delivery (if applicable) under the agreement between the Author and the Buyer is paid to the account of HDMD. 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 (in terms of receiving money from the Buyers only).

            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”.

7.2.      The Buyer makes payment in the Base Currency according to the terms and conditions of the order to the HDMD account, using the selected payment method. The payment is considered to be made at the moment HDMD sends the appropriate confirmation of payment to the Buyer (the "moment of payment").

            Confirmation of payment is sent to the Buyer at the email address specified during signing up or placing an order, or via the User’s profile.

            Starting from the moment of payment specified in this paragraph, the agreement of sale and purchase between the Buyer and the Author is considered concluded on the terms specified in the order.

7.3.      If (a) the order is placed for the Item that is not in stock and which must be made by the Author in accordance with paragraph 6.1.2 of these Rules, (b) the Item will be shipped more than in two weeks, (c) the delivery method is chosen by the Buyer, and (d) the cost of delivery of the Item to the Buyer is not included in the price of the Item indicated on the Website – when placing an order the Buyer makes an advance payment for the future delivery (in addition to the price of the Item). The sum of such advance payment is determined on the basis of the full cost of delivery at the current tariff at the time of placing the order for the selected method of delivery from the carrier (transport company) or courier delivery service. After the Author confirms that the Item can be shipped to the Buyer the price of delivery is to be recalculated according to the tariff applicable at the time of receipt of such information for the selected delivery method from the carrier (transport company) or courier delivery service. If the price of delivery after recalculation exceeds the advance payment made, the Buyer must make an additional payment within three business days from the date of receipt of the corresponding request from HDMD by e-mail (information about the necessity to make an additional payment is also available in the order card in the User’s account). Otherwise, the shipment of the Item may be suspended until additional payment is received or canceled. If the cost of delivery after recalculation is less than the advance payment made, HDMD will refund part of the cost of delivery according to the terms and conditions of these Rules stipulated for refunds.

7.4.      In cases stipulated by these Rules and applicable law, HDMD shall refund the funds paid by the Buyer. Refunds are made within 10 (ten) banking days of the date HDMD receipts the appropriate application for a refund in accordance with paragraph 9.5 of these Rules.

7.5.      All the settlements between HDMD and the Authors are carried out as prescribed by the Service Agreement for the Authors (available on the Website in the “Legal information” section and provided upon initiating the process of the User’s registration as the Author).

7.6.      In cases stipulated by the legislation of the Russian Federation in force a cash receipt is sent to the email address specified by the User during signing up or placing an order.

7.7.      Settlements with a Buyer who is not a resident of the Russian Federation in accordance with the federal law "On Currency Regulation and Currency Control" can be made both in the currency of the Russian Federation and in foreign currency. At the same time, the currency conversion rate is set by the bank or payment system through which the payment for the Item is made.

 

8.         DELIVERY

8.1.      The Item can be delivered to the Buyer with the following methods:

8.1.1.   Delivery of the Item is carried out as determined by the Author, at the Author’s expense. The delivery is included into the price of the Item.

8.1.2.   Self-delivery – the Item is not delivered. The Buyer can pick up the Item on their own or arrange the delivery on their own and at their own expense. The place and time of transfer of the Item is subject to prior agreement with the Author.

8.2.      If the Item is delivered by the method specified in paragraph 8.1.1 of these Rules, the Author shall be deemed to have fulfilled their obligations to transfer the Item under the sale and purchase agreement with the Buyer at the moment of delivery of the Item to the address indicated by the Buyer when placing the order.

            If the Item is not subject to delivery but is offered for pick-up (the method is determined by paragraph 8.1.2 of these Rules), the Author shall be deemed to have fulfilled their obligations to transfer the Item under the sale and purchase agreement with the Buyer at the moment of transferring the Item to the Buyer in a place agreed by the parties.

8.3.      Within 48 hours of the moment of delivery the Buyer confirms the receipt of the Item by clicking the "Confirm the receipt" button in the order card on the Website or by clicking on the appropriate link in the email received from HDMD. If the Buyer does not confirm the receipt of the Item within the specified time period and does not submit a claim in accordance with section 9 of these Rules, the Item shall be deemed received and accepted by the Buyer without any claims.

8.4.      If the Item is delivered by the method specified in paragraph 8.1.1 of these Rules, upon receipt of the Item the Buyer checks the integrity of the transport packaging and, if there is any visible damage, makes the appropriate notes in the documents of the transport company.

8.5.      If the Item was not transferred by the Author to the Buyer in accordance with the terms of the order, the Buyer sends a request to the support service of the Website in accordance with section 9 of these Rules. Refunds in cases specified in section 8 of these Rules shall occur in accordance with paragraph 7.4 of these Rules.

8.6.      If the Item failed to be transferred by the Author to the Buyer due to (a) the Buyer's (their authorized representative or another recipient indicated by them) refusal to receive the Item, (b) the Buyer's (the recipient indicated by them) absence at the delivery address on the day of delivery or transfer of the order or in another the time period agreed upon with the Buyer (recipient), as well as (c) if the Buyer (recipient) could not be contacted using the contact details specified when placing the order to discuss the details and time of delivery or transfer of the order, the Author has the right to refuse to fulfill the sale and purchase agreement with the Buyer and dispose of the Item at their sole discretion in accordance with the Russian legislation. In this case, the cost of delivery of the Item to the Buyer is not refunded, and the price of the Item can be returned to the Buyer by the Author after deduction of the cost of shipping and other losses incurred by the Author due to the inability to deliver the Item to the Buyer.

 

9.         SUPPORT SERVICE, DISPUTE RESOLUTION

9.1.      HDMD provides Users with the opportunity to report problems and disputes (including when concluding and executing agreements between Authors and Buyers) via the feedback form on the Website.

            By sending an appeal to the support service of the Website the User agrees that the contents of the appeal, as well as the personal data of the User specified in it, can be used by HDMD and transferred to other interested Users in order to resolve the dispute that is the subject of the appeal.

9.2.      Disputable situation 1: The Item is not delivered (for reasons beyond the control of the Buyer).

            The buyer does not confirm the receipt of the Item and sends a claim to the support service of the Website through the feedback form, and also has the right to send an application to HDMD for the refund of pre-paid money as prescribed by paragraph 9.5 of these Rules.

9.3.      Disputable situation 2: the delivered Item has inadequate quality or does not meet the conditions of the order.

9.3.1.   The Buyer has the right not to confirm the receipt of the Item and send a claim to the support service on the Website via the feedback form. The claim must contain the following information:

–          first name, patronymic and last name of the Buyer;

–          the Buyer’s residence address;

–          date and number of the order;

–          information about the Author whom the claim concerns;

–          a description of the situation and the Buyer's claims.

9.3.2.   Within three (3) working days the Buyer's claim is sent to the Author (through the Author’s profile on the Website) with a proposal to provide explanations, as well as to resolve the dispute with the Buyer by themselves.

9.3.3.   Within 14 calendar days from the date of the claim the Buyer and the Author can resolve the dispute.

            If, as a result of the resolution, the Buyer is ready to withdraw the claim, they inform the support service of the decision and confirm the receipt of the Item in the User’s profile or by e-mail.

            If the Buyer is not ready to withdraw the claim within the specified period they have the right to send an application to HDMD for the refund of pre-paid money as prescribed by paragraph 9.5 of these Rules. In this case HDMD is entitled to decide on the return of funds previously paid by the Buyer for the Item that was not accepted by him. However, HDMD does not resolve the issue of the quality of the Item or its compliance with the terms of the order.

            Refunds to the Buyer are made in accordance with paragraph 9.5 of these Rules.

9.3.4.   If the Author does not agree with the claim of the Buyer to whom the paid money was returned in accordance with paragraph 9.3.3 above the Author has the right to apply to the competent state authorities for the resolution of the dispute with the Buyer as prescribed by the current legislation of the Russian Federation.

9.3.5.   Upon confirmation of the receipt of the Item as specified by paragraph 8.3 of these Rules HDMD does not consider quality claims in respect of such Items, and the Buyer will not be defunded. All disputes in this case are resolved directly between the Buyer and the Author.

9.4.      Disputable situation 3. An individualized Item containing individualization elements specified by the Buyer when placing the order, for example, their logo, initials, engraving, greeting messages, etc., does not suit the Buyer or the Buyer does not like such an Item.

            If the individualized Item complies with the description indicated on the Website (with permissible deviations provided for in paragraph 10.9 of these Rules) and the conditions of the order, the Author is entitled to refuse the Buyer’s claim for refund in respect of such an individualized Item.

            If the individualized Item does not comply with the description indicated on the Website (with permissible deviations provided for in paragraph 10.9 of these Rules) and the conditions of the order, or if the individualized Item, although it meets the description indicated on the Website, is of inadequate quality, the provisions provided for in paragraph 9.3 of these Rules apply.

9.5.      Refunds.

9.5.1.   If the Buyer is entitled to claim HDMD for the refund (according to this Rules or the current legislation of the Russian Federation) the rules of this paragraph 9.5 apply.

9.5.2.   The Buyer sends a written application for a refund to HDMD. The application must contain the full name of the applicant, his registration address, contact phone number and email address, describe in detail the reason for applying for a refund, indicate the number and date of the order on the Website, the name of the Author (workshop), and other information which in the applicant's opinion may help HDMD in establishing the circumstances of the situation. An application signed with an enhanced qualified electronic signature that meets the requirements of the legislation of the Russian Federation may be sent to HDMD by e-mail at: refund@handma.de. An application signed in person may be sent to HDMD by registered mail with acknowledgment of receipt at: 5/10-380, Litovsky blvd, Moscow, 117593, Russia.

9.5.3.   The Buyer's application for a refund is considered by HDMD within 10 calendar days of the date of its receipt in accordance with paragraph 9.5.2 of these Rules. The Buyer is notified of the results of the consideration of the application by e-mail or via the User’s profile on the Website.

9.5.4.   When HDMD agrees to make a refund the payment of the money to the Buyer is made within 10 (ten) calendar days of the date of receipt of the application in accordance with paragraph 9.5.2 of these Rules. In this case, the money is returned to the same bank card or bank account from which the Buyer paid the order.

9.6.      In other disputable situations, upon receipt of complaints and appeals of the Users HDMD acts in accordance with these Rules, other binding documents and the current legislation of the Russian Federation.

9.7.      HDMD provides informational support to Users in resolving disputes under sale and purchase agreements between Authors and Buyers. Nothing in this section should be construed as giving HDMD the status of a person authorized by the Authors to resolve Buyers' claims.

 

10.       LIABILITY WHEN USING THE WEBSITE

10.1.    Any relations under the sale and purchase of Items arise only between the Authors and Buyers. HDMD is not a party to this relations.

            The Author agree that by publishing an offer on the Website they undertake liabilities to the Buyers and are responsible for the completeness and accuracy of the information provided, as well as for the quality and safety of the Items.

            The Buyer assumes all risks associated with the selection of the Item, the conclusion of an agreement with the Author and verification of the accuracy of the information provided by the Author.

            HDMD is liable for fulfilling obligations only expressly provided for in these Rules. In no case shall HDMD be liable for:

–          the quality and safety of the Items, their compliance with the terms of the order, as well as the fulfillment by Users of other obligations to other Users;

–          the reliability of information about the Items published by the Authors in the Base Language;

–          the content of other information published on the Website by Users.

10.2.    Users are solely responsible for improper performance and (or) non-fulfillment of their obligations to other Users, HDMD and other persons.

10.3.    Users undertake liability for any violations, including copyright infringements of the third parties, as well as rights to individualization means (including trademarks), which were allowed when posting any materials on the Website. HDMD reserves the right to delete without warning any information posted by the User on the Website, as well as block access to it, if HDMD considers that such information may violate the rights of the third parties (including intellectual rights), including based on written appeal of the copyright holder. In this case, a copy of the received request of the copyright holder is sent to the User. Information deleted at the request of the copyright holder can be restored solely with the consent of the copyright holder or on the basis of a court decision in force confirming the legality of the use of such information by the User.

10.4.    HDMD reserves the right to pre-moderate the information posted on the Website (including proposals for the Items) and without giving any reason to refuse to publish any information. At the same time, HDMD does not make changes to the content of the information posted without the consent of the Author (with the exception of grammatical corrections) and in no case is responsible for the accuracy of such information.

10.5.    If HDMD is brought to civil, administrative or other liability as a result of the actions (inaction) of Users, including, in the cases specified in paragraphs 10.1-10.4 of these Rules, Users undertake to indemnify HDMD for the full amount of losses caused, including legal fees and other possible costs and losses.

10.6.    The User is liable for all actions performed under their profile. The User must take measures to protect their credentials from transfer to the third parties by themselves.

10.7.    HDMD is entitled to block the User’s profile and the User’s access to the Website at any time if HDMD considers that the User has violated these Terms of Use of the Website or other mandatory rules or provisions of the current legislation, as well as if the User have repeatedly received complaints from other Users of the Website. In case of blocking the User’s profile, HDMD notifies the User by e-mail specified during signing up on the Website. The blocking of the profile on the Website does not affect the relations between the Users and HDMD that arose prior to the moment of blocking.

10.8.    It is assumed that any materials posted on the Website are the intellectual property of HDMD or the Users who posted these materials. Any use of such materials is allowed only upon the consent of HDMD or the Users who posted the relevant materials, and under the condition to have a link to the Website. At the same time, HDMD or the User (Users) that posted the relevant materials has the right to refuse to use them or to determine such conditions for their use that they consider necessary.

10.9.    When placing an order for the Item on the Website the Buyer understands that during the making of the Item deviations from the samples and images provided by the Author on the Website are allowed. The Buyer also realizes that reproduction of an exact copy of a previously made Item is impossible since each Item is the result of the Author’s creative work and in this sense is unique. Nevertheless, any disputes concerning the quality and compliance of the Item to the agreed conditions shall be resolved between the Buyer and the Seller in accordance with the current legislation of the Russian Federation.

 

11.       CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA

11.1.    When signing up on the Website the User agrees to the Personal Data Protection Policy (handma.de/en/documents/pdppolicy) and gives their consent to the processing of personal data posted on the Website or otherwise provided by HDMD in accordance with the specified policy.

            The User consents that the personal data that the User provides to HDMD when using the Website (including when placing orders, when the Buyer draws up a refund application on the Website) can be transferred by HDMD to other persons, including other Users (Authors or Buyers) with whom the User enters into agreements using the Website.

11.2.    HDMD does not undertake any obligations regarding personal and other data published by the User through the Website in a public form.

11.3.    The User hereby agrees to receive advertising and newsletters from HDMD using any means of communication specified by the User when signing up on the Website. The User has the right at any time to refuse to receive newsletters from HDMD by clicking the "Unsubscribe" link in the corresponding e-mail, or by sending an request to HDMD by e-mail at: optout@handma.de.

 

12.       FINAL PROVISIONS

12.1.    If not provided for by these Rules, relations between Authors and Buyers, as well as between Users and HDMD are determined by agreement between them and in accordance with the current legislation of the Russian Federation.

12.2.    HDMD reserves the right to amend these Rules. All amendments in English will be published on the Website at: handma.de/en/documents/termsofuse.

            Amendments to the Rules have no retroactive effect and come into force at the moment of publication. If Users do not agree with the changes to these Rules they are entitled to stop using the Website.

12.3.    If the special rules posted on the Website regarding certain services provide otherwise, such special rules shall prevail over these Rules.

12.4.    All disputes related to the conclusion, execution or termination of the User Agreement, as well as arising in connection with the use of the Website, shall be resolved in accordance with the legislation of the Russian Federation in the court at the location of HDMD.

12.5.    For all matters related to the implementation of these Rules, as well as with the operation of the Website, Users are entitled to send requests to the HDMD address by e-mail: termsofuse@handma.de, as well as using the feedback form on the Website.

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