Effective 1st July 2015
By using the Site in any manner, you (the “user” or “you”) agree to be bound by this Agreement. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the help section of the Site.
Feel Good Crafts 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. If you are under 18 years old please ask an adult to use this site for you. By continuing to use this Site you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
Compliance with Local Law
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site.
Right to Refuse Service
Feel Good Crafts may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Feel Good Crafts is a Venue
Feel Good Crafts acts a Venue allowing users, who comply with this Agreement to offer, sell and buy handmade products and craft supplies within a fixed-price format (no auction type pricing).
Feel Good Crafts is not directly involved in the transactions between buyers and sellers. As a result, Feel Good Crafts has no control over the quality, safety or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Feel Good Crafts does not pre-screen content or information provided by users. Feel Good Crafts cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Feel Good Crafts cannot and does not transfer legal ownership of items from the seller to the buyer.
You agree that Feel Good Crafts is a venue and as such is not responsible or liable for any content posted by you, other users, or outside parties on the Site. You use Feel Good Crafts services at your own risk.
Feel Good Crafts cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.
You must keep your account information up-to-date and accurate at all times, including a valid email and postal address.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Feel Good Crafts of any unauthorised use of your password or any breach of security. You also agree that Feel Good Crafts cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Feel Good Crafts without Feel Good Crafts express written permission.
You may not transfer or sell your Feel Good Crafts account or User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Feel Good Crafts Sellers may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the Seller must request prior written permission from Feel Good Crafts. Feel Good Crafts reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.
Feel Good Crafts takes feedback integrity seriously. Manipulation and/or bribery are not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. Feel Good Crafts reserve the right to remove any feedback that it suspects has been posted as a result of such manipulation or bribery and may close the account(s) to which it relates.
Listing and Selling
To be able to list and sell items on the Site you will need to apply for a Sellers account. Required information includes but is not limited to your name, email address, shop name, home address, telephone number, postal address and valid PayPal account name. You will also be able to provide optional information, including but not limited to, a description of your shop and particular hobbies and interests.
All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Feel Good Crafts transaction fees, misrepresent the item’s location, or use another user’s account without permission.
Sellers may not encourage buyers to purchase an item listed on the Site outside of the Feel Good Crafts site, such as directly through PayPal. Specifically, any advertisements, marketing messages (special offers) or “calls to action” that lead, prompt, or encourage users to leave Feel Good Crafts website are prohibited. Prohibited activities include the following:
- The use of e-mail intended to divert customers away from the Feel Good Crafts sales process.
- The inclusion of hyperlinks, URLs or web addresses within any seller generated confirmation e-mail messages or any product/listing description fields that are intended to divert customers away from the Feel Good Crafts sales process.
This may also constitute fee avoidance.
Seller’s Obligations with respect to Listing Items
By listing an item on the Site you warrant that you and all aspects of the item:
- Comply with Feel Good Crafts published policies.
- Is suitable for the product category you assign to the listing.
- That you are the legal owner and may legally sell the item.
- The listing is accurate, current and complete and is not misleading or otherwise deceptive.
- That: if you are a business, you are duly organized, validly existing and in good standing under the laws of the state or country in which your business is registered.
- The item is not one that would fall within any of the prohibited items described this Agreement.
- The item is safe and bears any marking and labelling required under applicable law e.g. a “CE” mark.
You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once. If the “in stock” quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
Under the Sale of Goods Act 1979, a Buyer may be entitled to a refund, replacement, repair and/or compensation where goods are faulty or not as described. They are also entitled to a refund and/or compensation where the Seller had no legal right to sell the goods.
Additionally, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 gives the right to a refund for goods brought online within 14 days of receiving the goods. Buyers do not need to provide a reason for returning the goods. Goods that were made especially to the Buyers specification and personalised may not be returned. If the goods have been unreasonably used a deduction will be made for their reduced value.
Buyers Obligations when requesting a refund
If you wish to return the goods within the first 14 days of receiving them then please contact the Seller to arrange a return. The Buyer is responsible for paying the return postage.
If you wish to return the goods because they are faulty or not as described then please contact the Seller. In this case the Seller should pay the return postage.
Sellers Obligations to provide a refund
Sellers must responds to Buyers refund requests in a timely manner (maximum of 2 working days).
If the Buyer can demonstrate that the goods are faulty or not as described then you must pay the return postage. If the goods are faulty or not as described then you must either provide a refund or offer to repair/ replace the goods within 14 days of receiving them back.
If the Buyer is simply wishing to return the goods within 14 days of receiving them then you must accept – unless, the goods were custom made and personalised for the Buyer. If the Buyer wishes to return the goods under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 then the Buyer must pay the postage. Once you have received the goods back you have 14 days to issue a refund. You can only make deductions to the refund for unreasonable wear and tear (opening the packaging does not count as wear and tear).
When making refunds you must reimburse the consumer their entire purchase price including the original shipping fees. You cannot charge any cancellation fees.
For the avoidance of any doubt Feel Good Crafts will not refund their commission fee to the Seller, if a Seller issues a refund to a Buyer. The fee was earned in the course of Feel Good Crafts being a Venue that originally connected the Seller and the Buyer.
Fees and Services
There is currently no fee for a Seller listing an item for Sale on the Site. Listings must comply with the Listing Description section of this Agreement.
Feel Good Crafts charges a percentage of the sale price when the item sells. Currently this fee is 10% of the product(s) selling price.
When the Seller uploads a product to the Site they may specify postage charges that apply to the product. The Buyer will be charged the prescribed Shipping Fees automatically at Checkout. Feel Good Crafts does not charge commission on Shipping Fees. Unless the Seller chooses to use the optional Helping Hands Service then the Seller will receive the Shipping Fee paid less any third party fees. Sellers are reminded of the “Fees avoidance” section of this Agreement and that the Shipping Fees must not be designed to avoid Fees.
This Agreement does not outline Third Party Fees (such as PayPal Fees) that may reduce the amount of income you receive.
You are responsible for paying all fees and applicable taxes associated with using Feel Good Crafts. Feel Good Crafts recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. The Fees listed in this Agreement do not include VAT.
Feel Good Crafts uses PayPal as their Payment Gateway to collect funds from Buyers. Buyers have a number of ways to fund their purchase including all major credit / debit cards and their own PayPal account.
Via the PayPal payment portal the Buyer will be presented with the total cost of their purchase including Shipping Fees. PayPal will also present to the Buyer:
- The total amount due to the Seller (purchase price less commission, plus applicable shipping fees).
- The total amount due to Feel Good Crafts (commission on purchase price, plus any Helping Hand Shipping Fees).
PayPal will make a single debit to the Buyers nominated payment method, but will make individual credits to Feel Good Crafts and all Sellers involved in the transaction.
By listing items on the Site, Sellers accept that this is how payments will be conducted and that PayPal will pay all funds owed to Feel Good Crafts instantly at the point the Buyer commits to payment.
Because Feel Good Crafts is a Venue for connecting Buyers and Sellers, the Buyers contract remains solely with the Seller. Feel Good Crafts is not liable for the performance of the contract in any way.
Any increase to the Fees for Feel Good Crafts services are effective after Feel Good Crafts provides you with at least 30 days’ notice by posting the changes on the Site. Feel Good Crafts may decrease the fees as stated with no notice to you.
Helping Hand Service
Feel Good Crafts aims to support people with chronic conditions, mental health problems, disabilities and careers. We recognise that some Sellers may have difficulty using a computer or getting to the post office frequently. To help these Sellers, Feel Good Crafts offers the optional “Helping Hand Service”.
Sellers who desire to use the optional Helping Hand Service must first contact Feel Good Crafts to check if their goods are suitable and that Feel Good Crafts has sufficient warehouse space. If Feel Good Crafts agrees to accept the Seller for the Helping Hand Service then:
- The Seller may send a bulk parcel of the agreed items to Feel Good Crafts warehouse.
- Feel Good Crafts will inspect the products to make sure they will not contaminate their warehouse. If contamination is found the goods will be immediately destroyed and the Seller will be responsible for all reasonable costs Feel Good Crafts incur. In the event of destruction the Seller will not be entitled to any compensation.
- Feel Good Crafts will photograph and upload each product to the Sellers profile on the Site with an informative description.
- Feel Good Crafts will measure and weigh each item and set accurate Shipping Fees.
- The Seller may specify the selling price for each item, or request Feel Good Crafts to use their skill and expertise to set a fair market value.
- Buyers purchase the Sellers items as normal from the Site.
- Feel Good Crafts warehouse will pick, pack and dispatch the Sellers items to the Buyer.
- If required, Feel Good Crafts will accept returns of the product and liaise with the Seller to ensure the Buyer receives any refund they are entitled to.
At all times the Legal Title to the products remains with the Seller.
Feel Good Crafts does not insure your goods. Should you require your goods to be insured whilst they are stored by Feel Good Crafts then please contact an insurance broker.
Helping Hands Fees
The Seller is responsible for the postage costs of the bulk parcel to the Feel Good Crafts warehouse.
On top of the standard sales commission, Feel Good Crafts will charge an additional 20% commission on the products selling price to cover the costs of uploading the product and warehousing the product.
At the point of sale Feel Good Crafts will receive all applicable shipping Fees to cover the cost of postage.
At any point in time the Seller may decide to remove their goods from the Feel Good Crafts warehouse. The Seller must contact Feel Good Crafts who will provide a shipping estimate for returning the goods. The Seller must pay the shipping estimate plus a £10 administration fee to secure the return of their goods.
Should Feel Good Crafts fail to receive any communication from the Seller for a period of 3 months then they will consider the Seller to have abandoned their goods. After the goods are deemed abandoned Feel Good Crafts may destroy them at any time. In the event of destruction the Seller will not be entitled to any compensation.
Interaction with Other Users and Private Messaging
Users are solely responsible for interactions with others. Users understand that Feel Good Crafts does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Feel Good Crafts users can use community spaces to inspire each other, share and discuss ideas, and build independent creative businesses. Community spaces include the Forums and Feel Good Crafts Blog.
You may not use the community spaces or private messaging to:
- Spam or harass others.
- Interfere with another member’s business.
- Promote, support, or glorify hatred.
Respect other users privacy. Private or personally identifying information should not be shared in public areas of the site.
Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Feel Good Crafts and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on the site.
Your Content and use of Feel Good Crafts:
- Must not be false, inaccurate or misleading.
- Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items.
- Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
- Must not contain items that have been identified as hazardous to consumers.
- Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Feel Good Crafts staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of a similar email address, nicknames, or creation of false account(s) or any other method or device
- Must not be obscene.
- Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information.
- Must not modify, adapt or hack Feel Good Crafts or modify another website so as to falsely imply that it is associated with Feel Good Crafts.
- Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Feel Good Crafts.
By uploading Content to Feel Good Crafts you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that Feel Good Crafts receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate Feel Good Crafts for any loss suffered. Feel Good Crafts reserves the right to remove any such Content immediately.
By uploading product images to Feel Good Crafts, you agree that Feel Good Crafts has the right to use your images to promote Feel Good Crafts and/or your store in any external press as well as across all Feel Good Crafts websites.
By posting Content on Feel Good Crafts, it is possible for an outside website or a third party to re-post that Content. You agree to hold Feel Good Crafts harmless for any dispute concerning this use. If you choose to display your own Feel Good Crafts-hosted image on another website, the image must provide a link back to its listing page on Feel Good Crafts.
Feel Good Crafts considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Feel Good Crafts shall not be liable for the disclosure or use of such Material. If, at Feel Good Crafts request, any member sends Material to improve the site (for example to customer support), Feel Good Crafts will also consider that Material to be non-confidential and non-proprietary and Feel Good Crafts will not be liable for use or disclosure of the Material. Any communication by you to Feel Good Crafts is subject to this Agreement. You hereby grant and agree to grant Feel Good Crafts, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Feel Good Crafts does not control the Content provided by users that is made available on Feel Good Crafts. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.
Additionally, there may also be risks dealing with international trade. By using Feel Good Crafts, you agree to accept such risks and that Feel Good Crafts (and Feel Good Crafts officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on Feel Good Crafts. Please use caution, common sense, and practice safe buying and selling when using Feel Good Crafts.
Feel Good Crafts is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Feel Good Crafts does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Feel Good Crafts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.
Resolution of Disputes and Releases
In the event a dispute arises between you and Feel Good Crafts, please contact Feel Good Crafts.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release Feel Good Crafts (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Feel Good Crafts, for the benefit of users, may try to help users resolve disputes. Feel Good Crafts does so at its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Feel Good Crafts attempts to resolve a dispute it will do so in good faith based solely on this Agreement and its policies. Feel Good Crafts will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.
Feel Good Crafts Intellectual Property
Feel Good Crafts graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Feel Good Crafts and its subsidiaries. Feel Good Crafts copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, Feel Good Crafts may, without notice, and without refunding any fees, delay or immediately remove Content, warn Feel Good Crafts community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- Feel Good Crafts is unable to verify or authenticate any of your personal information or Content.
- Feel Good Crafts believes that a user is acting inconsistently with the letter or spirit of Feel Good Crafts policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with Feel Good Crafts or the actions may cause legal liability or financial loss to Feel Good Crafts users or to Feel Good Crafts.
Feel Good Crafts, officers, directors, employees, and suppliers provide Feel Good Crafts web site and services “as is” and without any warranty or condition, express, implied or statutory. Feel Good Crafts, its officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Feel Good Crafts shall create any warranty.
In no event shall Feel Good Crafts, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Feel Good Crafts services, or this Agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
Feel Good Crafts liability, and (as applicable) the liability of Feel Good Crafts, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you paid to Feel Good Crafts in the 12 months prior to the action giving rise to liability, or (b) £100.
You agree to indemnity and hold Feel Good Crafts and (as applicable) Feel Good Crafts parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party.
Feel Good Crafts does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Feel Good Crafts control or otherwise.
Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any Feel Good Crafts service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Feel Good Crafts are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Feel Good Crafts Service
Choice of Law
This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.
This Agreement may only be amended or modified in writing (which may be represented electronically) and only in the manner set out in the remainder of this clause. Feel Good Crafts reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the site or service, at any time and in its sole and absolute discretion. Any changes will be effective upon posting of the revisions on the site. All notice of changes to this Agreement will be posted on the site for 30 days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this site and the service following Feel Good Crafts posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, then your only remedy is to cease use of the service or Site.
Sections: Feel Good Crafts Is A Venue; Eligibility; Fees And Services; Listing And Selling; Sellers Obligations in Listing Items; Refunds; Prohibited; Questionable And Infringing Items And Activities; Content; Information Control; Interactions With Other Users And Private Messaging; Resolution Of Disputes And Release; Feel Good Crafts Intellectual Property; Breach, Privacy; No Warranty; Liability Limit; Indemnity, No Guarantee; Legal Compliance and Taxes; Severability; No Agency; Feel Good Crafts Service; Choice of Law; Survival; No Waiver; Notices; Disclosures shall survive any termination or expiration of this Agreement.
Feel Good Crafts failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Feel Good Crafts right to subsequently enforce such provision or any other provisions of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by post to Feel Good Crafts; 70 Ludlow Road, Guildford, GU2 7NW (in the case of Feel Good Crafts) or, in your case, to the email address you provide to Feel Good Crafts (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Feel Good Crafts may give you notice by post to the address provided to Feel Good Crafts. In such case, notice shall be deemed given three days after the date of posting.
Please note that Feel Good Crafts will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.
The services hereunder are offered by Nicole Hellyer trading As Feel Good Crafts, located at 70 Ludlow Road, Guildford, Surrey GU2 7NW