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Terms of Use

General Terms

Effective as of 1 October 2020

HANDIEU is a platform where we create unique experience for European handmade lovers based on partnership. We connect handmade lovers. We help our partners to grow and become fully independent. We support environmental responsibility and promote life balance in Europe. We follow our hearts to build social value.

Our values represent us as a company and us as people and those are:

  • Follow your PASSION
  • Search for UNIQUENESS
  • Be AUTHENTIC
  • Find your LIFE BALANCE
  • Empower MADE IN EUROPE
  • Base on PARTNERSHIP
  • Constantly LEARN and IMPROVE
  • Build SOCIAL VALUE

Those are general terms applicable for every User. If you are interested in specific terms depending on your activity you can find them below:

I. Definitions

In our Terms of Use we mention many terms that might be interpret differently. To clarify what is meant below we describe them.

  1. HANDIEU – used alternately for an on-line trading platform, of an open nature, available in the handieu.com and handieu.eu domains as well as for economic activity carried out by a legal person HANDIEU, S.a.r.l.-S., in Luxembourg, 29, Boulevard du Prince Henri, L-1724 Luxembourg, under registered number B245996 and EU-VAT number LU32281007.
  2. Terms of Use – this document along with supplements and annexes
  3. Registration – account creation procedure
  4. Account – a set of resources kept for the User by the HANDIEU Company under a unique name (login), in which the User’s data and information about his activities under HANDIEU are collected
  5. Membership – a comprehensive service available under HANDIEU, specifying the rights and rates for other services available on the HANDIEU platform for the Seller
  6. Fee – fixed price charged for services on HANDIEU
  7. Commission – fixed percentage price charged based on the transaction value
  8. User – an entity that has gained access to the services provided by the HANDIEU Company under HANDIEU, on the terms set out in the Terms of Use
  9. Seller – a User undertaking activities aimed at selling or selling Products as part of an Offer
  10. Buyer – a User undertaking activities aimed at purchasing or purchasing Products under HANDIEU
  11. Third Party – a User who doesn’t make any Transactions on the HANDIEU and solely visits it to get information or wants to establish cooperation with HANDIEU Company
  12. Product – a commodity whose value is expressed in money and which may, as such, be the subject of a commercial transaction. It can be a physical thing, a service or a right being the subject of the Offer
  13. Offer – a proposal to conclude a contract for the sale of the Product on the terms specified by the Seller, in particular containing the price and description of the offered Product, using the functionalities available on the HANDIEU
  14. Transaction – the procedure for concluding and performing contracts for the sale of goods between Users under HANDIEU
  15. Handmade products/Handicrafts – goods created manually by the Seller or using tools and machines requiring manual operation or goods designed by the Seller and commissioned to manually manufacture the Subcontractor in accordance with his design. Organized in Categories that you can find in the Annex here. Full description of accepted and forbidden products you can find in the Annex here.  
  16. Creator – a natural or legal person creating Handicrafts
  17. Designer – a natural or legal person creating a Handicraft design but not executing it himself
  18. Subcontractor – an entity performing a manual work on behalf of the Designer
  19. Project/Design – a pattern, sketch, prototype, template or plan prepared by the Seller, on the basis of which a Handicraft is created by the Subcontractor
  20. European Market – countries covered by the free flow of goods and services, i.e. European Union countries and other countries that may be included described in the Annex here.
  21. Prohibited/forbidden products – products that are not allowed for sales on HANDIEU due to the biding law and/or our policies list of which is published in the Annex here.
  22. Global Market – all countries of the world, excluding countries with sanctions upon them
  23. Origin of the Product – the actual place of production of the Product. In the case of Handicrafts – the place of its manufacture, in the case of Product made according to the design of the Seller – the place of execution by the Subcontractor

II. Conditions for participation in HANDIEU for all Users

This community was created for people who share love to art and value uniqueness of handmade Products, who want to support our local European Market and all creators who stay behind each Product. On the other side there are Sellers (Creators and Designers) who want to sell their Products to people who appreciate their work and the additional value they bring into each of them. However, there are some conditions – rights and obligations that apply to each of these groups regulated by law and our Terms of Use, so that all of the Users can feel safely making Transactions on the HANDIEU platform.

Depending on what is your main purpose of visit on our platform we distinguish different types of Users and slightly different rights and obligations may apply. That is why we prefer to divide this Terms of Use in three parts from which each applies to a different type of User.

However, we want all of you to respect our values and general conditions that concern all the Users and us as a community.

1. General rights

  1. Every resident of European Market who is over 18 years old may be a Seller or Buyer on our HANDIEU platform. Your rights as a customer and business conductor can’t be limited in any European countries mentioned above.
  2. We accept Buyers from different countries than European Market, however those countries can not be under any sanctions and the Seller needs to agree on sales to other countries. In this case only Products available to sell to other countries will be visible to you.
  3. Please note there might be also some payments transfer limitations for some countries and it doesn’t depend on us.

2. General obligations

  1. We all respect each other, our work and do not use language of hate, anger, discrimination, violence or other unaccepted culturally words and sentences.
  2. Purpose of all Users is to make a Transaction of buying/selling Handmade Products and not any activity that breaks any laws or these Terms of Use.
  3. We all try to resolve any disputes or problems in a culturally and calm way with respect to one another.

3. Technical requirements

  1. Browsers – for our HANDIEU website we recommend using one of the following browsers:
    • Chrome
    • Safari
    • Firefox
    • Internet Explorer (versions 10 & 11)
    • Edge
    • Opera
    • Other browsers may work as well but the best results you should get using one of the browsers above and translation tools in case our content is not available yet in your language. However, we can’t take responsibility for the quality of the automatic translations. If you have some doubts, please use the Contact Form.
  2. Safe connection to the Internet.

4. Website maintenance and updates

  1. Websites need to be updated, maintained and improved over time. This can lead to performance, compatibility and security issues.
  2. Our maintenance and support requirements normally shouldn’t interfere with your activity on the HANDIEU platform. We try to schedule them on the periods of lowest Users activity.
  3. In case the updates on our website take longer and can significantly change your performance, we will notify you by e-mail.
  4. Please notice that our website is in beta phase (testing). Although our best efforts we cannot guarantee it performance 24/7. Using the HANDIEU you accept the platform at “as is” basis with no further compensation in case of malfunction or interruptions in availability.  See more in section Disclaimer.
  5. We welcome your reports of any bugs or malfunction of the platform. You may also consider becoming Our beta-tester. Please refer to benefits from participation in the Promotion Membership Plans for Sellers here.  

5. Risks related to use of HANDIEU platform

We are an on-line activity and we do our best to make this marketplace a safe area for every User. However, we still may not be able to protect it from new viruses on-line or someone’s bad intensions, fraud and cannot take responsibility for it and results of such activity. It is also in the Users to take preventive measures described in the section ‘Preventive measures’ below.

6. Disclaimer

1. Warranty disclaimer

This site and all content and materials on this site are provided “as is” without warranties of any kind, either express or implied. To the fullest extent possible pursuant to the applicable law, HANDIEU disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. HANDIEU does not warrant or make any representations regarding the use, validity, accuracy or reliability of, or the results of the use of, or otherwise respecting, this site or the content or materials on this site or any websites linked to this site, including, without limitation, that (i) use of this site or any content or materials on or from this site (including any software, product or service) will be uninterrupted, (ii) this site will be available at any particular time or location, (iii) any errors on this site will be corrected, or (iv) the servers on which this site, content and materials are available are free of viruses or other harmful components. Some jurisdictions do not allow a disclaimer of some or any implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, to the extent prohibited.

2. Limitation Of Liability

This paragraph refers to the Sellers & Third parties only. In no event will HANDIEU, or its subsidiaries, partners, agents, affiliates, licensors, sponsors or advertisers, be liable to you or any other person or entity for any direct, indirect, special, consequential or exemplary damages, even if we are expressly advised of the possibility of such damages, for any use of this site, or on any other hyperlinked website, including, without limitation, any lost profits, lost revenue, business interruption, loss of programs or other data on your information handling system or otherwise.

3. Password and username

Access to some content and other materials offered on this site is password controlled and is accessible to registered Users only. You certify that all information provided in the Registration process is accurate and correct. If you are registering or making a purchase or conducting other Transactions on behalf of your company, you represent and certify that you are an authorised representative of your company with the right to bind your company to these Terms of Use (and any additional terms necessary for access to password-controlled content). You are solely responsible for maintaining the confidentiality of your Account information, including, without limitation, your username and password. You are solely responsible for all activities that occur under your username and password. You agree to notify HANDIEU immediately of any unauthorised use of your username, password or Account or any other breach of security. HANDIEU will not be liable for any loss that you may incur as a result of someone else using your username, password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by HANDIEU as a result of the misuse of your username, password or Account.

4. Indemnity

By using this site you agree to indemnify HANDIEU, and its subsidiaries, partners, affiliates, agents, consultants, sponsors, advertisers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”), and hold the Released Parties harmless from any and all claims and expenses, including lawyers’ fees, arising from your use of this site or the content or other materials on this site, your breach of any term or condition contained in these Terms of Use or any other agreement applicable to any specific functions or areas of this site, or your submission of information or materials to HANDIEU by any means or from any person’s use of any Account or password you maintain with HANDIEU or this site, regardless of whether such use is authorised by you.

7. Intellectual property

HANDIEU was established to promote the creativity of artists and Handicrafts. We attach great importance to the protection of intellectual property rights related to the creation process. In order to ensure optimal protection and counteract the infringement of third party copyrights, we have adopted the following rules, which all Users of our common platform are obliged to observe.

  1. All copyrights to HANDIEU website content are reserved to HANDIEU. It was made by us specially for the purpose of launching HANDIEU platform. Nobody can use it without our permission .
  2. Content provided by the Users is their intellectual property and not HANDIEU Company’s. We may use it for the promotion of our website but the copyrights stay by the User .
  3. By placing a photo, text or other type of content on our website, you give HANDIEU consent to use the above-mentioned content free of charge without a time limit on the website pages and in the field of internet advertising to the fullest possible extent.By placing a photo, text or other type of content on our website, you give HANDIEU consent to use the above-mentioned content free of charge without a time limit on the website pages and in the field of internet advertising to the fullest possible extent. In particular, the photos with the image of people recorded on them and any other accompanying content published directly on the portal and/or sent by e-mail from handieu.com mailboxes can be used in articles published by us on handieu.com and handmade-in-europe.com websites for marketing and promotional purposes.
  4. Each Seller, by publishing an offer to sell the Product on HANDIEU, declares that he owns all the necessary rights (e.g. Copyright) and permits (e.g. License for sale) to offer and sell the Product, including the use of trademarks, industrial designs and other intangible rights incorporated in the Product or its packaging.In each case each User has the right to report an infringement of intellectual property rights to HANDIEU by submitting “Violation report” as described below.
  5. In case of infringement report HANDIEU shall contact the Seller or other User responsible for publishing and inform about the reported infringement with obligation to respond within 5 business days under pain of removal of the publishing/offering in question.
  6. In case there is no respond or the respond from the Seller or other User responsible for the publishing/offering reported as an infringement of intellectual property does not present any actual grounds to legally use materials in question, HANDIEU reserves the right to remove the publishing/offering in question, block the Account of the User or delete the User’s Account permanently. 

8. Violation report

Please remember if you want to report violation of these Terms of Use, especially activity, intellectual property infringement or other you can submit a “Violation report” as described below.

  1. Necessary information:
    1. Date when you noticed a problem with our service or User`s activity.
    2. Description of the issue (circumstances, appearing/disappearing data, etc.).
    3. If any other User was involved, if yes, then how and what was his username/shop name.
  2. After receipt of the report HANDIEU will analyse the problem and solve it as soon as possible, within its’ possibilities. Depending on the damage caused by the issue and source of responsibility, HANDIEU might offer the User appropriate compensation or other means to solve the problem.
  3. You can agree on the compensation proposed or refuse its admission.
  4. If we can’t agree on the satisfying compensation, the dispute might be recognized by local court under law of your origin.
  5. In case of dispute between Users we might take our best efforts to solve the dispute amicably.
  6. In case of law infringement (e.g. Intellectual property infringement) beside sanctions concerning User’s Account and offerings, HANDIEU reserve the right to take any legal actions to counteract law violation and infringement.
  7. All materials on this site, including, without limitation, all copyrights, trademarks, artwork, images and other elements (collectively, the “Content”), are protected by copyrights and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. Except as stated in these Terms of Use, none of the Content on this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of HANDIEU or the copyright owner.

9. Contacts with other Users

  1. Contact with other Users can be only made by HANDIEU tools.
  2. We do not make public any personal data. Because most of Sellers are natural persons conducting economical activity, their company contact is usually also their personal data, so it is hidden on the website.
  3. If you want to check who will you sign a contract with, you can go to “Seller’s Profile” and unhide his data with an additional verification.
  4. In each Account (Buyers or Sellers) you have available “Messages”/ “Notifications”/”Inquiries”/”Support” where you will get requests (Sellers) or answers (Buyers).
  5. The Message can be solely initiated by a Buyer and the Seller should respond to it as soon as possible. The exeption is when a Buyer makes an Order and the Seller wants to contact him through the platform.
  6. To be aware of incoming Messages through your HANDIEU Account, we will notify you by e-mail that you received a Message.

10. Preventive measures

  1. Do not share your password with others.
  2. Do not use the same password for many platforms – once someone gets it from another platform, may also get access to your other accounts.
  3. Do not save your password on computer or paper. Using automized programs which save your passwords, you do at your own risk.
  4. Use antivirus software.

11. Penalties for breaking the Terms of Use

Depending on the type of breach HANDIEU Company may apply specific measures, including: warning, admonition, suspension of the Account, removal of the Account, blocking the User, blocking User’s IP and e-mail addresses, bring an action against the User.

12. Information provided by HANDIEU

  1. We update our website on regular basis and always try to give an accurate information on it. However, some information may not be complete, actual or appropriate for particular country so you should always check it with the proper law applicable in your country/country of the other party.
  2. There may be advertisement or links to other websites appearing on our HANDIEU platform, however we don’t control its’ content and have no responsibility for it.

13. Information provided by Users

  1. Has to be true, valid and up to date – you can’t fake the data. Through our website you make a sales agreement with us and with a Seller or a Buyer. Because we may not be able to verify everything on-line, you will need to confirm your data with a statement.
  2. Need to be your data – you need to have a right to this data, to do something on behalf of someone is forbidden unless you are an employee of a company with a decision making right established by some other contract with a company.
  3. Can not violate someone else’s rights – like copyrights, intellectual property law etc.; if there is someone working with you on your Project, you have to mention him as a Co-Designer or Subcontractor. You should also have his consent to publish your work on our HANDIEU platform.
  4. Can not be offensive or violent – we are respecting each other as a community and so we don’t agree to use language of hate, anger, discrimination or threats.
  5. Needs to be lawful – it means that you need to be aware and apply suitable laws in your activity on HANDIEU. Also your activity can’t break neither local nor international laws.
  6. HANDIEU has a right to use your content in promoting the HANDIEU platform as well as your shop, if you are a Seller.
  7. HANDIEU may also adjust the size of the photos that you publish to the technical requirements of the website, so they look better for Users, especially we reserve the right to resize photos, crop, use in advertising materials, use for category covers, etc.  See more about the usage of the photos in section Intellectual Property of Disclaimer below.

III. Types of services

We are a marketplace, so like in any other market only Sellers pay for promoting their Products and Company. The simple access to the marketplace as a service for Buyers and Third Parties is therefore free of charge.

1. General information

1. Currency

  1. All the prices of HANDIEU’s Products and services are in EURO and are net prices (without VAT tax). It refers to Commission prices and Membership Plans.
  2. Prices of Seller’s Products for the Buyers are featured including VAT.
  3. The exchange rate to other currencies is set by the payment processing company and your bank depending on the payment method and may vary from the one shown by us on the website. We show it with approximation, usually +/- 5%.

2. Avoiding fees

  1. For your safety, we recommend making purchases only through the service HANDIEU. Shopping through HANDIEU does not affect the Product price. In the case of selling/buying Products offered on HANDIEU outside our service, HANDIEU reserves the right to suspend or even permanently delete your Account.
  2. Any interferes in the prices after sales, giving false information about you or your Product or Product’s origin or using someone else’s or fake Account are strictly forbidden.
  3. Any other activity that will lead to avoid payment to HANDIEU Company for providing HANDIEU services is also not allowed.

3. Payments

  1. All payments are processed by external service providers listed in Annex here. For the moment Buyers can pay with credit or debit cards from countries supported by Stripe. Sellers need to register for a Stripe account in order to be verified and receive the payments.
  2. In cases of Memberships with a monthly or annual Fees, payments will be automatically charged every month through chosen payment method  and during chosen period (e.g. only once for one year or each month for one year).
  3. After termination of the contract (for example one year subscription) you will be asked if you want to renew it.
  4. If your payment method doesn’t work after some time (for example you don’t have enough amount on your bank account or your credit card expired) you will be asked to update your payment method. If you don’t update the Account before the payment due date we will degrade your Membership into the one without monthly/annual Fees till the payment is done. That means that some features and limits may decrease or disappear from your Account.

2. Services provided by HANDIEU Company to Buyers

By default services for Buyers are free of charge. We give you access to the marketplace with Sellers from European Market. You are welcome to visit our website, search for unique Products and make a deal with a chosen Seller. Detailed terms and conditions for the use of the service by Buyers, as well as any preferences and promotions are contained in the Terms and Conditions for Buyers available here.

3. Services provided by HANDIEU Company to Sellers

We base on partnership – we provide the scale effect, additional promotional area and common marketing activities to bring you customers. In return we charge Commission and/or subscription Fees if you choose extended marketing tools. Detailed terms and conditions for the use of the service by Sellers, as well as any preferences and promotions are contained in the Terms and Conditions for Sellers available here

4. Services provided by HANDIEU Company to Third Parties

We are open to promotional and advertisement co-operation from Third Parties if it doesn’t interfere with our values and Terms of Use.

We provide the scale effect, additional promotional area and common marketing activities to bring you customers. Detailed terms and conditions for the use of the service by Third Parties, as well as any preferences and promotions are contained in the Terms and Conditions for Third Parties available here.

5. Affiliate programs

HANDIEU offers various affiliate programs aimed at creating a community, sharing benefits, mutual assistance and improving the User experience of HANDIEU. You can find a detailed list of affiliate programs, terms and conditions of participation and the benefits of participating in these programs here.

6. Services provided by other Parties

1. Secure payment transfer

HANDIEU doesn’t provide payments transfers itself but by through specialized companies listed here. Therefore, HANDIEU takes no responsibility for payments transfers.

The terms of use each of the payments transfers service providers are available on their websites.

2. Delivery

HANDIEU doesn’t provide delivery services. The delivery services provider is chosen by the Seller. Any complaints related to delivery should be discussed directly with the Seller. HANDIEU may help in contact with the Seller in such cases and the Buyer should use a Contact Form or inquires panel on his Account.

IV. Final provisions

  1. The User acknowledges that the photos assigned to his Account showing his image can be automatically adjusted to the technical requirements of HANDIEU.
  2. Your Account will be automatically removed with all your personal data after inactivity period of one year or more. It means that if you haven’t logged in or purchase anything within one year our platform will remove your data from our servers.
  3. Any disputes between HANDIEU and Sellers shall be finally settled under the Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce in force on the date of commencement of the proceeding by an arbitrator or arbitrators appointed in accordance with the said Rules.
  4. Any disputes with the participation of consumer (Buyer) shall be recognized under the law and by the court appropriate to the consumer.
  5. Any disputes shall be recognized in English. In case of doubt these Terms of Use along with other documents shall be interpreted on the basis of the English version.

Annexes

  1. Terms and Conditions for Buyers
  2. Terms and Conditions for Sellers
  3. Terms and Conditions for Third Parties
  4. Countries accepted – European Market
  5. Fees and Commissions and Account limits
  6. Promotion Membership Plans Terms
  7. Advertisement Fees
  8. List of Payments Transfers Providers
  9. Photos and Videos requirements
  10. Accepted and forbidden products
  11. List of categories
  12. Affiliate Programs