Terms and Conditions

Terms and Conditions

terms of use

Information for guests and registered users. By using our site www.craftbay.net, you indicate the acceptation of the terms and conditions listed below. If you do not agree to this terms, please, do not use our site.

ACCESSING THE SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time, or for any period.

Sometimes, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

THE SITE CHANGES

We update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time;

and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

In accordance with our privacy policy, you agree to the processing of your personal data. You must warrant the accuracy of the data that you provide.

UPLOADING THE MATERIALS TO OUR SITE

When you upload material to our site to sell, display or make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy (please see below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKS TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy (please see below.)

If you wish to make any use of material on our site other than that set out above, please address your request to info@craftbay.net

LINKS FROM THE SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION

Estonian law applies in respect of all legal disputes arising in connection with the user agreement, under exclusion of the UN Sales Convention – Contracts for the International Sale of Goods (CISG). Mandatory provisions of laws of the place where the customer has their habitual residence remain unaffected.

WEBSITE USE POLICY

Here we set the terms between you and us under which you can use or visit our site and

If you use our site, that means that you agree and accept the use policy of our site.

You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use (please see above.)
Not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.

CONTENT REQUIREMENTS

This applies to all the materials that are contributed to the site.

Accurate with the facts

Opinions should be genuinely held

Comply with the applicable law in Estonia and country from which they are posted

Any contribution to the site must not contain: any material which is defamatory of any person, any material which is obscene, offensive, hateful or inflammatory, materials, that promote sexually explicit material and/or violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe any copyright, database right or trade mark of any other person, infringe any copyright, database right or trade mark of any other person.

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use (please see above) upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis that are result from the breach.

other legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

This page is can be revised and amended so you are expected to check the information here from time to time.

MARKETPLACE POLICY

FIRST 200 REGISTERED SELLERS WHO POSTED THEIR JEWELRY ITEMS WILL ALWAYS OPERATE THE MARKETPLACE FREE (with no comission).

Craftbay OÜ hereinafter the Marketplace in the event that an agreement is concluded between buyers and sellers in the online marketplace is categorically not a contracting party.
It is generally free to visit and view the online. Member registration is required for any other functions, especially for selling/buying items.
By registering and agreeing to the Terms of Use and Privacy Policy, natural and legal persons may become members. Natural persons must be of legal age. Registration of a legal person may only be done by an authorized natural person who must be named.
When registering, the member selects a username and password. The password must be kept secret and be sufficiently complex. There is no entitlement to a specific member name or a specific password. You should also inform the Marketplace immediately as soon as there is suspicion of wrongful use of the member’s account by an unauthorized party.
After completing the registration process by filling in the registration template and pressing the appropriate confirmation button you receive a message to the e-mail address given by the applicant in the course of the registration process.
The member account registered in this way is defined as a “buyer profile” and allows the member to make and manage purchases, but not performs sales. In order to also act as a seller in the marketplace, a separate option “register as a seller” required within the profile
After completion of the registration process, marketplace stores the Terms of Use agreed with the member.
Member accounts are generally non-transferable and may only be used by the member personally.
Registration and membership as a buyer are free. Marketplace charges sellers in the form of commission that is included in the final price that is displayed.
Any address, e-mail address, and other contact information which a member obtains in the context of marketplace use may not be used or distributed for any other purpose.
Only truthful and factual statements which do not include any defamatory content may be made when evaluating the order process. Inappropriate use of the evaluation system is strictly prohibited.
The member indemnifies the Marketplace from any claims which third parties (other members or other third parties) might assert against the Marketplace due to alleged rights infringement or breach of duty of the member, unless the member is not responsible for the breach of duty. This especially covers listing articles/posting content unlawfully or contrary to contract. Reasonable legal costs (especially lawyers’ fees) which the Marketplace has demonstrably incurred as a result of the member’s misconduct must also be reimbursed. In the event of any such judicial or extrajudicial dispute, the member is obliged to provide all necessary information to the Marketplace and to provide documents and other available material that may be necessary for the defense.
The member grants the Marketplace all necessary rights to their content on the online marketplace for the purposes of fulfilling the agreement. This especially covers the right to reproduce, distribute, make available to the public or edit a member’s content for the purpose of providing the services. Depending on the uploaded content, all the member’s content can be used, even after termination of the membership. The member grants the Marketplace the right to use the member’s content in online marketplace advertising or individual offers, including for internet advertising (including affiliate advertising), print advertising and/or TV commercials. The Marketplace is entitled to reproduce the member’s content for that purpose, to distribute it, make it publicly available, adapt or broadcast it, and/or to make visualizations available to the public. This right to advertise ends when membership of the member in question is terminated. However, the Marketplace has the right at this point to use already produced or existing advertising media for a transitional period of at least 6 months. These rights are granted to the Marketplace are granted by the member to as simple, geographically unlimited and free rights of use and may be assigned and sub-licensed by the Marketplace to third parties if there are no overriding legitimate interests of the member.
The Marketplace is not liable for non-availability of the online marketplace. No claims can be made against the Marketplace, where this non-availability affects purchase agreements,
The Markteplace is not liable for the execution of contracts between members.
The Marketplace has unrestricted digital domiciliary rights as operator of the marketplace.
Exclusive jurisdiction is the official domicile of the Marketplace where the customer is a merchant, legal entity under public law, or public law special fund. This also applies if the member has no general jurisdiction in Estonia, the member moves their domicile or habitual residence from Estonia or the domicile or habitual residence is not known.
The effective contract language is English.

SELLER POLICY

FIRST 200 REGISTERED SELLERS WHO POSTED THEIR JEWELRY ITEMS WILL ALWAYS OPERATE THE MARKETPLACE FREE (with no comission).

The facility to list articles or services is exclusively reserved for members who have agreed to the Terms of Use, as well as the current seller conditions.
In order to appear on the online marketplace as a seller, the member must log into their own member account with the credentials chosen during registration, then complete the items’ registration process by filling in all required fields, and finalize this input by pressing the appropriate confirmation button.
The member is obliged to provide complete and correct data for the registration process and keep this up to date. The same applies to all information required by law and the information requirements within the showcase.
In order to offer a product or service on the online marketplace, you first have to place an offer – by completing all the required fields, and then pressing the appropriate button, or by other methods provided on the site. The seller must place the offer in the category appropriate to the article. The offer will then be listed in the online catalogue in the category selected in each case and is then visible in the membership account of the seller.
The seller is responsible for informing themselves about the legal conditions for the sale of goods or of work and service contracts, and must ensure that they comply with any necessary contractual obligations. This applies to pre-contractual obligatory information, offer descriptions, as well as any other contractual or legal obligations in connection with the offer.
The description of the offer must be presented in English.
By placing the offer, the seller makes a binding offer intended to lead to a conclusion of a contract, which each buyer may accept in accordance with the general Terms of Use.
Sales commission. The Marketplace charges a sales commission for the successful sale of an article, which is due immediately upon conclusion of the sales contract. Any seller’s discount granted to the buyer is disregarded when calculating the sales commission.
The Marketplace reserves the right to offer optional services for a separate fee. The costs for these can be viewed on a price list and are specifically referred to when booking additional services.
The Marketplace can change the general level of charges on the price list at any time. General price changes are communicated to members prior to their coming into effect.
The total remuneration due and applicable fees in individual cases are agreed on between the seller and the Marketplace when listing an offer. This firm offer-related fee may be changed only by mutual agreement.
The seller is expressly prohibited from charging their own fees or recovering The Marketplace’s fees from the buyer or demanding these from the buyer.
In addition to the General Terms of Use, the seller is obliged to offer only goods or services that do not contravene applicable law, third party rights, morals, and the Marketplace rules about use of the online marketplace. This also applies in the case of cross-border trade in compliance with the respective national regulations.
The seller is obliged in principle to hand over or assign the goods offered within the designated delivery time, unless the parties to the purchase agreement have agreed to the contrary.
The seller acting commercially is also obliged to clearly identify and comply with all relevant legal information obligations.
Any of the seller’s own terms and conditions may not be in conflict with these or others laid down by the Marketplace and accepted by the sender.
Sanctions and other measures in case of infringements in addition to Terms and Conditions: suspending, blocking or terminating active offers; limiting or restricting sales of the displayed items, provisional or permanent blocking of the member\user.