General Terms and Conditions
1. Definition of basic terms
These General Terms and Conditions (hereinafter the "Conditions") are applicable to all activities performed by Sellers and Clients using the website www.craftland.ch (hereinafter the "Website") provided and managed by Pexeso Sàrl (hereinafter the "Company").
By registering on the Website and submitting an order, you agree to be bound by these Conditions. If you disagree with any part of the Conditions, you may not use the Website.
The Company manages the Website, an online website, which connects producers and sellers (hereinafter the “Sellers”) with clients - persons purchasing offered goods (hereinafter the “Clients”).
Seller is a natural or legal person having a “Seller” account on the Website, offering and selling goods.
These Conditions specify the general business relationship between Sellers and Clients, as well as the one between the Sellers and the Company.
Sellers are bound by these Conditions whenever accessing and using the Website for promotion and sale of goods.
Clients are bound by these Conditions whenever interacting with the Website.
An Offer is a sale offer posted on the Website. The Offer includes in particular the identification data of the Seller, photo(s) and description(s) of product(s), and its price(s).
These Conditions are gender neutral, while using the male gender as a reference.
The Company reserves the right, at its sole discretion, to modify these Conditions at any time. It is up to each Seller to consult them regularly in order to be informed of any modification.
2. Conclusion of the contract
The conclusion of the contract occurs at the time of acceptance of the Seller’s Offer by the Client on the Website.
The Client purchases goods from the Seller on the Website. The Company is not a party to any contractual relationships established by the Contracts concluded between the Clients and the Sellers, it is not a Seller or a supplier of the goods.
The contractual relations between the Client and the Seller are primarily governed by the General Terms and Conditions of the Seller, which the Client accepts at the moment of order.
The order of and payment for the goods and the subsequent purchase is realized only through the Website, by the steps, methods and sequence specified on it.
The Client agrees to conclude the Contract using the means of remote digital communication.
The Client also acknowledges that the costs incurred by him / her using digital means of communication in relation with the conclusion of the Contract, such as the cost of Internet connection, costs of telephone calls and others, shall be borne by the Client itself according to the agreed conditions with the suppliers of such services for the Client.
Further information regarding the Contract between the Client and the Seller is provided in the terms and conditions of individual Seller published on the Website, with which the Client is obliged to properly acquaint himself before submitting an order.
The Client receives a confirmation in the form of an electronic invoice once the order is finalized.
The tax documents such as invoices in relation to the purchase of goods are generated by the Company, while using the details of the Client, Seller(s), and ordered goods itself.
3. Responsibilities of the Company and the Seller
The Seller, as the supplier of the goods, is responsible:
- for the quality and scope of goods delivery,
- for shipping goods within the agreed time, as described in the Seller's General Terms and Conditions,
- for being in compliance with the statutory conditions relating to the authorization to sell goods,
- for the veracity, authenticity and fair display of the offer, including the price of the goods and the postage,
- for the availability of the displayed goods,
- for potential copyright and property infringement,
- for receiving and handling Client claims, for repair and compensation of damage, for exchange of goods or for refund of money in accordance with the General Terms and Conditions of the Seller.,
- for fulfilling all the Client's rights arising from applicable legal provisions,
- for adhering to all applicable laws.
Neither the Seller nor the Company is responsible for:
- delayed delivery of goods caused by the delivery person or service (e.g. post office, courier)
- damage caused by the delivery person (e.g. post office, courier). Visibly damaged goods (damaged package, etc.) must not be accepted by the Client.
- delayed delivery or damages incurred to the Client as a result of incorrectly stated address, telephone number or email by the Client itself.
The Company shall not be liable for the items listed in the above paragraphs of this Article, which the Client acknowledges.
The Company is responsible for managing the Website, correctly displaying texts and photos, and ensuring proper functioning of the purchasing, commission and billing systems.
The Company assumes no responsibility for the correctness, accuracy, currency, reliability or completeness of the information. Liability claims against the Company concerning damages, material or otherwise, resulting from the visiting, use or failure to use the published information, or from misuse of the connection or technical malfunctions, are excluded. The Company expressly reserves the right to change, supplement, delete or completely withdraw portions of the pages or the entire website from publication temporarily or permanently without prior notification.
The Company has the right to use all information and photographs of the Sellers's products for promotion of the Website.
Any conflicts arising in the process of sale and distribution of goods shall be resolved by Client and Seller directly.
The Company is not responsible for the any interruptions of service and reserves the right to undertake both announced and unannounced outages due to technical maintenance of technical systems.
The Company is not liable for any damage caused to the Seller due to malfunction or termination of the operation of the Website.
4. Purchase of goods
The Client purchases goods from the Seller on the Website. The Company is not a party to the contractual relationships established by the Contracts concluded between the Clients and the Sellers, acts solely as a service provider, it is not a seller or supplier of ordered goods.
The order of the goods and its subsequent purchase is realized only through the Website, by the steps, methods and sequence specified on it.
The Offer of goods from an individual Seller and the agreement of the sale of each product take place only on the Website. Clients put selected goods into virtual shopping carts. It is possible to have goods from several Sellers in a single cart at the same time. After the ordering process, the goods delivery obligations are divided between concerned Sellers. Sellers subsequently process respective orders and deliver goods to the Client.
The Client acknowledges that each Seller might provide different delivery methods, shipping fees and delivery deadlines for each product. The Client acknowledges that, when ordering goods from several Sellers, these fees are added up.
The contractual relations between the Client and the Seller are primarily governed by the General Terms and Conditions of the Seller, defined in each Seller profile, which the Client accepts at the moment of order.
5. Seller profile
Each Seller creates a Seller profile (hereinafter the “Profile”) during registration on the Website.
Each Profile needs to contain information about the Seller and his General Terms and Conditions.
The Profile is used for management of the Seller’s product portfolio and orders.
Each Seller can add unlimited number of goods to his portfolio. Any goods which are not sold at least once in a 6 month period is automatically removed from the Seller’s portfolio.
Each Seller is entitled to own more than one registered account on the Website, but it is forbidden to misuse these accounts and to act in a way could be defined as unfair commercial practices (deception, aggressive business practices).
Each Seller can deactivate his Seller account and remove offered goods at his own convenience.
The Seller may sell new handmade goods, art pieces, designer products, as well as materials, aids, tools and literature relevant to craft and art production. Sale of all other goods and materials is prohibited.
Offered goods must be always authentically depicted in attached photos, with a specific price and a list of properties defining its main parameters.
Seller can offer goods made by him or made using tools and machines at his disposal. If more than one person is involved in the production, the Seller must be a natural or legal person who has commissioned the production and bears the product copyright. The Seller may also authorize another person to use the Website in his name.
The goods offered on the Website may be made up of purchased components, but the author's intervention of such assembly must be critical with respect to the final design of the product.
It is possible to offer goods of an electronic nature, where the subject of sale is an electronic file, such as a photo, picture, music, video and text.
It is possible to offer refurbished and recycled second-hand goods, but they must be modified by the Seller in a significant way to result in a unique product. The Provider is obliged to notify the Client of its refurbished used nature.
The Seller is responsible to place the goods in correct categories pre-defined by the Company. If a proper category is missing, the Seller shall place its product in the "Other" category and inform the Company by sending an email to [email protected]
It is forbidden to offer:
Goods that violate copyright law, especially copies, copies of known works, or goods that do not have all copyrights settled.
Used goods, other than recycled or refurbished goods.
Chemicals, drugs, pharmaceuticals, weapons, nutrition products, food and beverages.
Goods that violate ethical and moral principles, i.e. goods, photographs and texts that are offensive, promoting violence, promoting war, inciting hatred based on race, gender, language, faith, religion, vulgar, misleading, deceitful, immoral, inappropriate or extremist in any sense.
Information that the Seller must provide for each product:
All information relevant to a proper usage of the product.
A full description of any risks posed by the product.
Precautions to be taken to prevent risk to the Client when using the product.
Information on the intangible nature of the goods being sold (in case of sale of works whose final processing is in electronic form, such as photographs).
The method of use and maintenance of the product, the dangers arising from its misuse or maintenance, the storage and storage conditions of the product (for a product containing special or otherwise specific material which must be handled differently from normal or whose performance is limited, notify the Client).
It is forbidden to give false, unfounded, incomplete, inaccurate, unclear or ambiguous data and to conceal information about product properties or purchasing conditions.
The Seller is fully liable for copyright infringement and also for any possible damages incurred by the Seller in connection with the Seller’s copyright infringement.
The Seller may not bind a sale of the product to a sale of another product.
The Company reserves the right to remove goods that are contrary to the above provisions.
In the event of repeated violation of these terms and conditions, the Company reserves the right to deactivate the Seller's account and to prevent re-registration.
The Seller is obliged to truthfully inform the Client about the price of individual goods and about the price and mode of transport.
The Seller is obliged to duly inform the Client about the conditions and manner of the complaint, including information on where the complaint can be made and about the condition of warranty repairs.
The Seller is obliged to accept the Conditions in order to sell goods on the Website.
Clients can contact the Administrator of the Website in case of a problem that cannot be resolved directly with the Seller, by sending an email to [email protected] with all the necessary information, such as the order number, Seller name, and detailed problem description. The Administrator will inspect the query and inform the Client as well as the Seller of proposed resolution.
All activity of the Sellers on the Website is monitored and logged, and can be used for any legal proceedings, where such information might be needed. Sellers consent to such monitoring by accepting the Conditions.
7. Goods delivery
Sellers are solely responsible for delivery of ordered goods. The delivery must be performed as quickly as possible, in compliance with delivery conditions of each Seller.
If the Seller is unable to deliver ordered goods within the agreed time period, he must inform the Client about such situation. In such case, the Client can either accept the extended delivery period of cancel the relevant product order.
The Client acknowledges that each provider has a specified availability and delivery time for each product.
The Client is obliged to inform the Seller of any undelivered or damaged goods, and request a remediation of such situation according to the Seller’s general terms and conditions.
Unless agreed otherwise, all prices are quoted in Swiss francs (CHF). The Company reserves the right to indicate prices in other currencies used in countries where the goods are offered.
All the prices include value added tax (VAT), whenever applicable. The VAT rate is determined according to each country’s regulations.
The prices do not include any additional taxes that may apply.
Prices do not include shipping and packaging costs, if not stated otherwise in the Seller’s profile.
Prices are set by Sellers for each offered product.
Seller must not advertise the same product on another website with a lower price, or more advantageous conditions (e.g. shorter delivery period).
The Client pays for the goods using credit and debit cards via the Website’s payment gateway, in the final stage of the ordering process.
An electronic invoice is sent to the Client after each purchase, to the email address used for the order.
All communication between Clients and Sellers takes place exclusively through electronic means available within the Website. Any other agreement between the Buyer and the Provider, whether payment or distribution of the goods, also takes place solely on the Website. This communication takes place exclusively between the Client and the Seller, it is not accessible to any other Website user. The Company has access to the communication in order to monitor its content.
Sellers are not allowed to have a private communication with Clients for the purpose of selling goods outside the Website. The Seller is not authorized to publish his / her contact data (especially, but not limited to, his email address, website, account details, social network contacts) in the context of communication through the Website and in the course of its presentation on the Website, i.e. within his store text and comments on individual goods or articles.
Violation of this communication policy might result in removal of the Seller's profile and products from the Website.
The Company is entitled to a commission of 7.5% of the final price of each product product sold on the Website, excluding the shipping price and credit card fees, for the space and services provided for presentation and sale of the Seller’s goods.
The Seller acknowledges that the price of each product presented on the Website to the Client is the full price, which will be reduced by the commission claimed by the Company.
Claim of the commission from this price for mediation of the trade always occurs at the moment of conclusion of the trade between the Seller and the Client.
Clients buy at the Website for full prices and pay these prices to the Seller by one of the chosen payment methods.
The commission for each product sold is added to the Seller's commission list. The Seller is able to monitor the Commissions for the individual goods sold on a page within his Seller account, whose content is always accessible only to the specific Seller.
Commissions are billed automatically after each sale.
In case of cancellation of an order or a dispute with the Client, the Seller has the possibility to ask the Company to investigate the course of the transaction. The Company may, after examining the trade communication between the Seller and the Client, grant a refund of the commission. In such case, the commission shall be paid directly, by the Seller, to the Client.
Refund of the sale commission is not legally enforceable.
12. Payment gateway
Seller agrees to process online funds transfer through a payment gateway integrated into the Website.
Each Seller is solely responsible for creation and maintaining of a Stripe account, provided by Stripe Payments Europe, Ltd. (hereinafter “Stripe”).
Stripe account is created during creation of a Seller account to which it is linked. Each Seller has one such account.
The account is being used to manage Seller's payments.
The Seller authorizes Stripe Payments Europe, Ltd. to receive payment for the goods sold on the Website.
The received funds are subsequently credited to Seller’s Stripe account and transferred to Seller’s regular bank account or a credit card defined in its Stripe profile, within the defined time period.
Stripe is entitled to a commission for payment processing, as stated on the official Stripe Pricing Website.
The Seller is responsible for the correctness of the entered bank or credit card details. Neither the Company, nor Stripe is responsible for incorrectly made payments due to the input of incorrect data.
Additional information about Stripe is available here.
The Company or the Seller is not liable for any damage caused to the Client as a result of or in connection with the use of this payment system.
When mediating the receipt of payments for the payment of orders from the Clients, the Company represents the Seller solely, and therefore acts on its behalf. By paying the payment, the Client shall fulfill his obligation towards the Seller.
Refunds are processed and performed by Sellers directly as per General Terms and Conditions of each Seller.
Sellers shall exchange all necessary information with Clients using electronic measures available on the Website in order to process such refund.
14. Data protection
The Company processes and uses data collected at the time of conclusion of the Contract in order to fulfill its contractual obligations.
The Company takes all necessary measures to ensure data protection in accordance with applicable laws.
The Client accepts that his data is saved and used in accordance with the contract and is aware that the Company can share his data or that of third parties in the event of injunctions of a court or another government authority.
Unless expressly excluded, the Company is entitled to use the data for marketing purposes.
The data necessary for the execution of the service may be transferred to service partners mandated by the Company as well as to other third parties.
Sellers are provided by necessary data about Clients for order processing.
15. Final provisions
The Company publishes the Conditions on the Website.
Contractual relations between the Company, Clients and Sellers Client not specified in the Conditions are governed by Swiss laws.
Any litigation between opposing parties is settled by a court located at the place of the registered Company office, except in case of opposing legal provisions.
The Company has a right to bring legal action at the defendant's seat / domicile.
This contract recognizes a debt as defined in the article 82 of the Federal Law on debt collection and bankruptcy (LP).
The United Nations Convention relevant to contracts for international sale of goods (RS 0.221.211.1) is expressly excluded.
The client can request additional information by sending an email to [email protected] We will be happy to respond!
These Conditions come into force and effect on 1.4.2020.