OUR TERMS OF USE


Terms of Use. Updated, 30th September 2018

1 INTRODUCTION

1.1 Aarhus Makers is a collective community where Artists, Craftsmen, Designers and Creatives (“Makers”) based in Aarhus Municipality display and sell their products to art lovers around the world. Aarhus Makers is inspired by the cooperative movement.

We encourage Makers and art lovers to be involved in Aarhus Makers - display products, give feedback, participate, show off your purchases and team up with each other to create new ideas and concepts.

Be advised that displaying your products on the website and participating in our community comes with legal responsibilities towards Aarhus Makers, other users and third parties. You are responsible to respect all laws of the province, state, and/or country in which you reside and from which you access our services, and are solely responsible for obeying those laws. Please read these terms carefully so you know the terms that govern your use of our services. And above all, be excellent and respectful towards each other.

1.2 By using the website and our services you accept these terms and any change hereto made

after you started using the website and our services.

2 ELIGIBILITY

2.1 Our services is only offered to individuals who can enter indo binding legal contracts un-

der applicable laws. Notwithstanding the foregoing our services are also not available to persons under 18 years of age.

2.2 If you are under the age of 18, you may only use our services with the permission and

supervision of a parent or legal guardian. However, we strongly encourage you to apply to become a maker if you want to share your creations.

3 ACCOUNT

3.1 If you wish to register an account you will be asked to provide information about yourself

and contact information.

3.2 By providing the required information you warrant and represent that the provided infor- mation is accurate and correct. Should we learn that you have provided false registration information we may terminate your access to or use of the Services without prior notice.

3.3 You must use every effort to keep your password safe and you should not disclose it to any other person, as you are responsible for any actions made using your account and password. If you suspect someone else knows your password, your are obligated to change it immediately.

3.4 You are responsible for any actions made on the website using your account and pass- word. This including the purchase or sale of products, messages sent and any other action you can perform on the website. You are solely responsible for any loss caused by any use of your password by you, or any other person.

4 COMMUNICATION

4.1 By opening an account you consent to receive communications from us by e-mail. All im- portant information regarding the services is sent to you via e-mail. It is mandatory for all makers to receive our newsletter for makers, which outlines important news regarding the services and helps keep you up to date on recent changes. Please make sure that you check your e-mail often.

4.2 All agreements, notices, disclosures and other communications that we provide to you by e-mail meets any legal requirement that communication must be in writing. Additionally you agree that all such communications sent to the mail you have provided when setting up you account is perceived as having been delivered to you. It is your responsibility to update your e-mail address when applicable.

PART II – SERVICES

5 RELATIONSHIP BETWEEN MAKERS AND BUYERS

5.1 Through the use of our services, makers and buyers will create legally binding contracts for the sale of products. Both parties are expected to fulfill the contract.

5.2 While Aarhus Makers takes precautionary measures to ensure the identity and validity of users, we cannot and do not verify the identity of all user who use our service.

5.3 Please remember that this is an online service and there is a risk of dealing with minors and people acting under false pretense or misrepresentation. We strongly recommend that you use caution, common sense, and practice safe buying and selling when using the website. If you experience anything out of the ordinary please let us know.

5.4 Additionally, there may also be risks dealing with international trade and foreign nationals. By using the services you agree to accept such risks. Furthermore you accept that Aarhus Makers is not responsible for any and all acts or omissions of other users.

6 SERVICES

6.1 Aarhus Makers provides an evolving range of services that allows you to display, sell, and purchase handmade items. Aarhus Makers also offer other creative services as well as services to facilitate and support the sale and purchase of products such as Stripe and Bank Transfer.

7 CHANGE IN SERVICES

7.1 Aarhus Makers strives to offer you the best services. As such we reserve the right to change the services without prior notice to you. If you do not agree to any changes in the services, then you may terminate your use of the service. We will be sad to see you leave, so please let us know if any changes made are problematic. Aarhus Makers will not refund any fees or payments in the event of such termination.

8 ALLOWED PRODUCTS

8.1 Aarhus Makers is based on promoting local makers from Aarhus Municipality and as such

only products made and/or designed by local makers can be displayed and sold on the website.

8.2 We require the products displayed and sold to be in the categories of art, design or hand made products. Mass-produced products and other products that are not the result of good craftsmanship are not considered to be in the above-mentioned categories.

9 NON ALLOWED PRODUCTS

9.1 Despite our main requirement for products is that they are made by local makers certain products are not allowed for sale on the website even though they might fall into our categories. As such, we do not allow the sale of products that are offensive, produced in a non-ethical way or are potentially dangerous. This includes - but are not limited to - the following products :

  • Conterfeit Products

  • Dangerous Products

  • Products that enable dishonest behaviour

  • Adult oriented products.

  • Food and Beverages

  • Copyrighted Content

  • Gambling Related Content

  • Healthcare related content

  • Trademarks.

9.2 Any product that violates applicable laws, stolen products or products not in makers possession, drugs, explosives, stolen products, counterfeit products, replica products, products that violates third parties intellectual property rights, products that are or contains material that are harassing, intimidating or defamatory.

9.3 Any other product that Aarhus Makers, in its sole discretion, determines to be harmful, fraudulent, illegal or incompatible with the terms of service and the principles on which Aarhus Makers is founded.

10 LISTINGS

10.1 All listings including text, pictures and videos of products are required to be an accurate and fair representation of the products. Listings should have pictures showing the product and a short text describing the products and any important information about the product.

10.2 All listing must be available for purchase. If an item is sold out the listing should be deleted immediately. You are not allowed to create or uphold listings for sold out items, items that are currently not in stock, or items that are “coming soon”.

10.3 Conditional listings are not allowed. As such you a listing cannot be conditional upon pur- chasing other products or any other obligations of the buyer than to buy the product in the listing.

11 SENSITIVE MATERIAL

11.1 The services are used by people of all backgrounds, races, ages and creed, so please be sensible when using the services. The use of sensitive material (representation of genitalia, sexual activities, profane language or depictions of violence) should be marked in advance so that other users don’t risk being exposed unwillingly to such material.

11.2 If your listing contains sensitive material your listing should be marked with “mature” in

the title as to warn other users that they may be exposed to sensitive material.

11.3 Aarhus Makers reserved the right to suspend your account if you use of profane or explic-

it language on your profile.

11.4 Aarhus Makers does not have the resources to screen all content on the website so please

advise us if you become aware that an user has posted sensitive material.

11.5 Aarhus Makers is not responsible for products and material posted by users on the web- site and in out services. As such we take no responsibility for any bad experiences you may have with other users.

PART IV - FEES

12 INTERNATIONAL SALES

12.1 If you are making as a buyer purchases from another country than Denmark, please be aware that by making a purchase from another country, the transaction may incur import tariffs and charges and/or extra fees and duties dependent on the country in which you reside. Aarhus Makers and the makers takes no responsibility for any such charges and as such it is incumbent upon you as a buyer in all circumstances to perform sufficient re- search into such matters prior to executing the purchase.

13 SHIPPING & RETURNS

13.1 Shipping.

The cost of shipping the products is to be included in the price for the territory of Denmark, for international shipping other fees may apply.  If International shipping is required, each maker must include an accurate estimate of postage costs for each sale item. The final cost of shipping will be included in checkout.

13.2 Returns

The deadline for returning products is 14 natural days, counting from the day of delivery. If the customer wishes to return any products, the customer is obliged to inform Aarhus Makers in writing to support@aarhusmakers.com within 14 calendar days after delivery using this return form. 

The product are to be returned to Webshop no later than 30 calendar days after delivery to the customer.

14 MAKER FEES

14.1 Makers  agree to pay fees on the conditions set forth in out partnership agreement. Aarhus Makers

may change the fees for its services from time to time. If you do not accept a change in the fees, then you may terminate your membership. You agree not to disguise, hide, or otherwise misrepresent the number of products that you offer on or through our services or through use of any features of the Services.

PART V - INTELLECTUAL PROPERTY RIGHTS

15 LICENSE TO USE WEBSITE AND SERVICES

15.1 We grant our makers a limited, revocable, non-exclusive license to access and make personal use

of the website and our services; however, you are not permitted to download (other than page caching) or modify the website or its contents, or any portion thereof, without our prior written consent.

15.2 This license does not include any resale or commercial use of this site or commercial use

of its contents except from what’s explicit allowed in these terms, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools.

15.3 This website and our services, in whole or in part, may not be reproduced, duplicated,

copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent.

15.4 You may not frame or utilize framing techniques to enclose any trademark, logo, or other

proprietary information (including images, text, page layout, or form) of Aarhus Makers, our affiliated companies or our partners or suppliers without our prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trade- marks without our prior written consent. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

16 LICENSE TO YOUR CONTENT

16.1 During the period that Aarhus Makers provides Services to you pursuant to these Terms,

you grant Aarhus Makers and its subcontractors, a non-exclusive, irrevocable, sublicense able, royalty-free, transferable, worldwide license to reproduce, use, distribute, create derivative works of, alter, modify, resize, crop, watermark, reformat, resave, compress, decompress, rewrite, cache, strip metadata, transmit, publicly perform, publicly display, and digitally perform content, data, and trademarks solely to, provide the services to your and to otherwise promote and manage the website and the services.

By listing your products or participating in the community by displaying products or communicating with us or other users you accept that your content is made. Additionally you understand and agree that copies of your content may continue to be stored on our servers after you have stopped using the services.

16.2 You retain all right, title, and interest in and to all intellectual property rights in your content, exclusive of any content provided by Aarhus Makers. You will be solely responsible for creating, managing, editing, reviewing, deleting, and otherwise controlling your content including all listing, trademarks you use, and user-generated content.

17. AARHUS MAKERS INTELLECTUAL PROPERTY

17.1 All intellectual property rights in this website and our services, (including text, graphics,

logos, icons, sound recordings and software) are owned by or licensed to us and are considered our trade dress. Other than for the purposes of, and subject to the conditions prescribed under, the Danish Copyright Act and similar legislation that applies in your location, and except as expressly authorized by these terms, you may not in any form or by any means, without our written permission:

  • Use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

  • Commercialize any information, products or services obtained from any part of this


PART V – PRIVACY POLICY

18. PRIVACY POLICY

18.1 Aarhus Makers will not intentionally disclose your personal identifying information to third

parties without your consent except where Aarhus Makers, in good faith, believes such disclosure is necessary to comply with the law or other contractual obligations of Aarhus Makers or to enforce the terms. Aarhus Makers does however reserve the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. For more information about our privacy policy click here.

19. USE OF YOUR INFORMATION

19.1 By registering for an account, you agree that Aarhus Makers may display and use your

content and information for delivering the services and to promote Aarhus Makers as described in clause 16.

PART VI – LEGAL

20. NO AGENCY

20.1 You and Aarhus Makers are independent contractors, and no agency, partnership, joint

venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms

21. AARHUS MAKERS IS NOT A VENDOR OR SELLER

21.1 You accept that Aarhus Makers does not manufacture, store, sell or inspect any of the

products sold through our services. Aarhus Makers is only a middleman providing the vendor. All products on our services are produced, listed, and sold directly by the makers, which are independent contributors and partners.

21.2 Aarhus Makers cannot and does not make any warranties about any aspects of the products qualities. Any legal claim related to a product you purchase must be brought directly against the seller of that product. You release Aarhus Makers from any claims related to products sold through our services, including for defective products, misrepresentations by sellers, and any product liability.

22 DISCLAIMER OF WARRANTIES

22.1 By registering as an user or accessing the website you hereby agree that:

22.1.1 You use the website and service on your own risk. The website and service are provided

"as is" and there is no warranty or guarantee implied as it pertains to availability, access, or transaction.

22.1.2 Aarhus Makers and its officers, managers, agents, staff, suppliers, subsidiaries, and affiliates are in no way liable for the availability, accessibility, merchantability, marketability, performance, fitness or reliability of the website and services.

22.1.3 No advice, communication or other information provided by Aarhus Makers and its officers, managers, staff, suppliers, subsidiaries and affiliates shall create any warranty our guarantees.

23. SEVERABILITY

23.1 If any portion of the terms is deemed void or unenforceable, then that provision shall be

deemed severable from the terms and shall not affect the validity and enforceability of the remaining provisions. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of Aarhus Makers.

24. INDEMNITY

24.1 You agree to indemnify, defend and hold us, our officers, directors, employees, subcon-

tractors agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of these terms; (ii) any allegation that any materials that you submit to us or transmit to the website or services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website or services. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

25. LIMITATION OF LIABILITY

25.1 Aarhus Makers, our officers, directors, employees, subcontractors agents and representatives, cumulative liability, and the liability of their officers, members, directors, employees, contractors, and agents to you or any third parties in any circumstance is limited to the amount of fees you paid to Aarhus Makers in the one (1) year immediately preceding the month in which the action giving rise to the liability first arose.

26. NO WAIVER IMPLIED

26.1 The failure or delay of Aarhus Makers to enforce at any time any of the provisions of the terms, or to require at any time performance of the user hereto of any of the provisions hereof, shall neither be construed to be a waiver of such provisions nor affect the validity of the terms or any part hereof or the right of Aarhus Makers thereafter to enforce each and every such provision.

27. BREACH OF TERMS

27.1 If Aarhus Makers suspect that a user has breached the terms, any other policy, agreement or our community guidelines and principles Aarhus Makers may, without limiting any other remedies, without notice delay or immediately remove a user’s content, warn other users of a user’s actions. Additionally Aarhus Makers may take other disciplinary actions against a user, including issue a warning, temporarily or indefinitely suspend a user, terminate a user’s account, or prohibit the user’s access to the website and services in any manner possible.

28. SURVIVAL

28.1 The terms will remain in effect even after your access to the service is terminated, or your

use of the service ends

29. AMENDMENT

29.1 We reserve the right to make changes to our website, policies, and these terms at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the site.

29.2 Your continued use of the site after we make any such changes constitutes your binding

acceptance of such changes.

30. GOVERNING LAW AND VENUE

30.1 This Agreement is solely and exclusively governed and construed in accordance with the laws of the Kingdom of Denmark. The provisions of the United Nations Convention on the International Sale of Goods shall not apply to these terms.

30.2 Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by the Courts of Denmark with the Court of Aarhus as proper venue.

30.3 The language to be used in the proceedings shall be Danish, unless the Parties agree otherwise.