1 USER ACCEPTANCE
1.1 Enhanced Education/ Enhanced Education/So Hand Made** (where * is shown it refers to Enhanced Education/Enhanced Education/So Hand Made*) and its website www.sohandmade.co.uk and any other websites owned by Enhanced Education (collectively the “Website”) provides service to you subject to the following Terms and Conditions, which may be updated by us on a regular basis and without notice.
1.2 These Terms and Conditions constitute a binding agreement between Enhanced Education/Enhanced Education/So Hand Made** and you governing your use of the Website.
1.3 By using and/or visiting the Website, you agree to these Terms and Conditions
1.5 As you read this Agreement, you should also access and read the linked information.
1.6 You are only authorised to use the Website if you agree to abide by all applicable laws and these Terms and Conditions.
1.7 If you do not agree to these Terms and Conditions, please do not use the Website or any of Enhanced Education/So Hand Made* associated properties.
2.1 “Art Submissions” mean user generated artwork submitted and displayed on the Enhanced Education/So Hand Made* website, potentially for sale
2.2 “Seller”, “we”, “us” or “Enhanced Education/Enhanced Education/So Hand Made*” means Enhanced Education/So Hand Made** a subsidiary of Enhanced Education.
2.3 “Buyer” means the person whose name is printed on the Order
2.4 “Contract” means the order and Order Confirmation (incorporating any Special Conditions)
2.5 “Defective” means containing a fault or defect
2.6 “Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions
2.7 “Order” means the Buyer’s Order for Goods or services
2.8 “Price” means the price together with postage and packing in force at the date and time of the Order
2.9 “Receipt” means the date when the Order has been delivered to the buyer
2.10 “Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation
2.11 “Rental Agreement” means the Contract governing rental of Goods from the Website as agreed at the time of the rental Order and any subsequent amendments.
3 WEBSITE ACCESS
3.1 We grant you permission to use our Website as set forth in these Terms and Conditions, so long as:
- you will not copy or distribute any part of the Website in any medium without Enhanced Education/Enhanced Education/So Hand Made** prior written approval;
- you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose
- you agree to the Terms and Conditions as set forth in this document, and
- your use of the Website seller’s dashboard is permitted solely for your own personal use and access is not be shared or used by any other party.
3.2 In order to access some features of the Website, you will have to create an account.
3.3 You are not allowed to use another user’s account without permission.
3.4 When creating your account and user profile you must provide accurate and complete information.
3.5 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
3.6 You may change your password at any time by updating your account profile page.
3.7 In addition, you agree to immediately notify Enhanced Education/Enhanced Education/So Hand Made** of any unauthorised use of your password or account or any other breach of security.
3.8 Enhanced Education/Enhanced Education/So Hand Made** cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
3.9 By registering with the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website.
3.10 You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form.
3.11 If any of your information changes, you agree to update your registration information as soon as possible.
3.12 If Enhanced Education suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination, and you may be barred from using the Website.
3.13 You agree not to use or launch any automated system, including without limitation, robots, spiders, scrapers or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Enhanced Education/Enhanced Education/So Hand Made* servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
3.14 Notwithstanding the foregoing, Enhanced Education/Enhanced Education/So Hand Made** grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
3.15 Enhanced Education/Enhanced Education/So Hand Made** reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
3.16 You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation account names, email addresses, or other User Submissions (as defined in Section 5), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website. A GDPR policy for your page is required.
4 THE WEBSITE
4.1 These Terms and Conditions apply to all users of the Website, including users who contribute information, data, software, audio, music, sound, photographs, graphics, video, chat, messages, files, ideas, text, Submitted Art by artists and any other materials (collectively the “Content”) or services to the Website.
4.2 The Website may contain links to third party websites that are not owned or controlled by Enhanced Education.
4.3 Enhanced Education/So Hand Made* has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
4.4 By using the Website, you specifically release Enhanced Education/So Hand Made* from any and all liability arising from your use of any third-party website.
5 USER CODE OF CONDUCT
5.1 The following rules of conduct apply to your use of the Website and to any and all Content you post on the Website whether such Content is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
5.2 You may not, in connection with the Website, upload, post, email, transmit or otherwise make available any content that:
- is libellous or defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- violates any laws;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail;
- contains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines or computer code;
10.is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- or harms minors in any way.
- In addition, you may not use the Website to:
- upload, post, email or otherwise transmit any Content that releases personal information including telephone numbers, street addresses, last names, URLs or email address;
- engage in commercial activities within the Website;
- take any action that may undermine any ratings system that Enhanced Education/So Hand Made* and the Website uses to curate submissions;
- provide false or deceptive information within your profile or any other Content you post on the Website;
- harass and/or stalk other users on the site;
- delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so;
- allow usage by others in such a way as to violate these Terms and Conditions;
- copy, modify, or distribute (a) Content from any Website or (b) any Enhanced Education/So Hand Made* copyrights or trademarks;
- impersonate any person or entity, including, but not limited to, Enhanced Education/So Hand Made* official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
- or upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
6 SALES OF GOODS BY ENHANCED EDUCATION/SO HAND MADE*:
6.1 Enhanced Education/So Hand Made* offers Goods for sale and rental via the Enhanced Education/So Hand Made* Website.
6.2 These Terms and Conditions and any Special Conditions will govern the Contract between the Buyer and Seller, alongside any terms and conditions applicable under any purchase order, Rental Agreement, confirmation of order or other document.
6.3 The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing.
6.4 In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
7 ORDERS AND SPECIFICATIONS
7.1 All Goods are offered for sale or rental subject to availability and subject to the Sellers acceptance of the Order.
7.2 The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
7.3 The Seller has a policy of continuous product development with the Artists and Curators we work with and reserves the right to amend the specifications of any of the Goods without prior notice.
7.4 Additionally, given the bespoke, hand crafted nature of many of the Goods sold on Enhanced Education/So Hand Made*, the exact size of Goods may alter slightly from piece to piece and from the official Goods dimensions listed on the Enhanced Education/So Hand Made* website.
7.5 The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer’s monitor or home printing device.
8 PRICE, PAYMENT AND CURRENCIES between seller and buyer
8.1 All sellers’ prices, where appropriate, should include VAT at the current rate of 20%.
8.3 The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent (if required) and are the responsibility of the Seller to provide the correct information.
8.4 Payment must be made by credit card or debit card at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
8.5 The Seller is based in the UK and accepts GBP sterling payments. The Seller may offer multi-currency enabled transactions, which means the Buyer can select the currency of their choice when at check-out.
8.6 The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered.
8.7 The Seller reserves the right to obtain validation of the Buyer’s credit card or debit card details before accepting the Buyers Order.
8.8 Any credit towards payment is accumulated and may only be applied at the sole discretion of the Seller.
8.9 Enhanced Education/So Hand Made* reserves the right to limit, invalidate, or deny the application of credit to a purchase at any time.
8.10 The Seller may amend, invalidate, or terminate the conditions for accumulation of credits at any time in its sole discretion.
8.11 Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by Enhanced Education/So Hand Made*.
8.12 The Seller reserves the right to reject any Order based on erroneous pricing, discounts, or promotions.
9.1 The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage or courier at the discretion of the Seller and Enhanced Education/So Hand Made*.
9.2 The Seller will endeavour to process and ship the purchase Order within 7 days of Order Confirmation, or in the case of rentals, 10 business days or as otherwise stipulated in the Rental Agreement.
9.3 Any dates quoted for delivery of the Goods are indicative only.
9.4 Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
9.5 The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required.
9.6 A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage.
9.7 If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
9.8 If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price.
9.9 Purchased Goods may not be returned to the Seller except as provided in Condition 11 below.
9.10 Rental Goods may be returned or exchanged as detailed in the Rental Agreement in addition to circumstances as provided in Condition 11 below
10 RISK OF DAMAGE AND TRANSFER OF GOODS
10.1 Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
10.2 Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
11 RETURNS, REFUNDS, EXCHANGES AND CANCELLATIONS
11.1 Returns and exchanges of rental Goods are governed by the Special Conditions of the Rental Agreement in addition to the relevant conditions of this clause that follow
11.2 The buyer shall have the right to return a purchase within fourteen days of Receipt for an exchange or refund at his/her preference if the item is Defective or for any other reason provided they do the following:
- Email the Seller within fourteen days of Receipt stating: (a) Invoice Number (b) title (c) Reason for return and (d) Request for exchange or refund
- Return the Goods in the condition it arrived in, via the instructions stated by the Seller.
- All Goods must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
11.3 Enhanced Education/So Hand Made* will not be held liable for any damage to any Goods caused any time after Receipt of the Order. Enhanced Education/So Hand Made* will not be able to accept any returns of Goods that have been damaged after Receipt
11.4 Buyers may request to cancel an Order within 24 hours of placing the Order by emailing the Seller. The Seller will, at its discretion either elect to refund the Buyer immediately, or inform the Buyer that a refund will not be given.
12 USER CONTENT & ARTIST SUBMISSIONS
12.1 The interactive nature of postings on the Website makes it impossible for us to assume responsibility for any of the materials posted by users.
12.2 The ideas, suggestions, opinions, comments, and observations made by Website users (“Opinions”) and any Content provided to us by Website users are not endorsed by Enhanced Education/So Hand Made*, and we make no guarantee regarding the reliability, accuracy, or quality of any Content that is posted on the Website.
12.3 You acknowledge that you will evaluate and bear any risks related to your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
12.4 All user Content posted to the Website are the sole responsibility of the person who originally posted the Content, and your sole recourse for any damage you may suffer as a result of this Content shall be to such individual.
12.5 Enhanced Education/So Hand Made* requires all artists to agree to the art submission terms and conditions set forth in the submission process and these Terms and Conditions when submitting their art works for consideration (“Art Submissions”).
12.6 While Enhanced Education/So Hand Made* makes every attempt to validate the legitimacy of all Art Submissions before showcasing and selling work on the site, the person uploading any such Art Submissions, is solely responsible for it, and your sole recourse for any damage you may suffer as a result of such Art Submissions being sold via the Website or otherwise made available on the Website.
13 INTELLECTUAL PROPERTY RIGHTS
13.1 The Content on the Website, excluding any Art Submissions, created by Enhanced Education/So Hand Made* and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Enhanced Education/So Hand Made*, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions.
13.2 The Content on the Sellers’ pages within the Website, excluding any Art Submissions, created by the Seller and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Seller, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions.
13.3 Content on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Enhanced Education/So Hand Made* or as expressly provided herein.
13.4 Enhanced Education/So Hand Made* reserves all rights not expressly granted in and to the Website and the Content contained therein.
13.5 You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Art Submissions of third parties obtained through the Website for any commercial purposes.
13.6 You agree not to download or print a copy of any Art Submissions for personal or commercial use.
13.7 You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
14 COPYRIGHT INFRINGEMENT
14.1 Enhanced Education/So Hand Made* requires its users who post content and artists who submit Art Submissions to respect and honour all copyright laws.
14.2 In your use of and interactions with the Website, you may not post, modify, distribute, or reproduce in any way any Content, including any Art Submissions, that is copyrighted material belonging to others, without obtaining their prior written consent.
14.3 Enhanced Education/So Hand Made** reserves the right to remove any content and/or Art Submissions if we believe it may infringe the copyright rights of others.
14.4 Enhanced Education/So Hand Made* also holds the right to terminate the accounts of users who we believe to be infringing any copyright laws or these Term of Service.
14.5 If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Enhanced Education/So Hand Made* to locate the material.
- Providing URLs in the body of an email is the best way to help us locate content quickly.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
- Your contact details.
- Such written notice should be sent to Enhanced Education/So Hand Made* via Email to: email@example.com
14.6 Enhanced Education/So Hand Made* will then do an initial investigation into the claim, and contact you as soon as possible to request additional information and inform you of action to be taken.
15.1 Enhanced Education/So Hand Made* may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other Enhanced Education/So Hand Made* services.
15.2 Cause for such termination shall include, but not be limited to:
- breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines;
- requests by law enforcement or other government agencies;
- a request by you (self-initiated account deletions);
- discontinuance or material modification to the Website (or any part thereof);
- unexpected technical or security issues or problems;
- extended periods of inactivity;
- engagement by you in fraudulent or illegal activities; and/or
- non-payment of any fees owed by you in connection with the Website or any other Enhanced Education/So Hand Made* product or service.
- Not ensuring that goods are hand-made and to the standard expected as detailed on the site.
- Not ensuring that returned/defect/deliveries or any purchases are not dealt with in in a swift and clear manner to purchasers.
15.3 Termination of your account and access to the Website includes:
- removal of access to some or all pages within the Website;
- deletion of your password and all related information, files and materials, including Content associated with or inside your account (or any part thereof);
- and barring of further use of the Website.
15.4 Further, you agree that all terminations for cause shall be made in Enhanced Education/So Hand Made*’s sole discretion and that Enhanced Education/So Hand Made* shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
16 MODIFICATIONS TO THE WEBSITE
16.1 Enhanced Education/So Hand Made* reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.
16.2 Enhanced Education/So Hand Made* shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
17 WARRANTY DISCLAIMER
17.1 You agree that your use of the Website shall be at your sole risk.
17.2 To the fullest extent permitted by law, Enhanced Education/So Hand Made*, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Enhanced Education/So Hand Made*, disclaim all warranties, express or implied, in connection with the Website and your use thereof.
17.3 Enhanced Education/So Hand Made* makes no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content,
- Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website,
- Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein,
- Any interruption or cessation of transmission to or from the website,
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to our through our website by any third party, and/or
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.
17.4 Enhanced Education/So Hand Made* does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website or other promotion, and Enhanced Education/So Hand Made* will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
17.5 No advice or information, whether oral or written, obtained by you from Enhanced Education/So Hand Made* or through or from the service or the website shall create any warranty not expressly stated in the terms and conditions.
17.6 As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
18 LIMITATION OF LIABILITY
18.1 In no event shall Enhanced Education/So Hand Made*, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Enhanced Education/So Hand Made*, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any;
- errors, mistakes, or inaccuracies of content,
- Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website,
- any unauthorised access to or use of our secure servers and/or any and all personal information stored therein,
- any interruption or cessation of transmission to or from the website,
- any bugs, viruses, Trojan horses, or the like which may be transmitted to our through our website by any third party, and /or
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
18.2 The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
18.3 You specifically acknowledge that Enhanced Education/So Hand Made* shall not be liable for any content, any Submitted Art, Copyright violation by a user of the Enhanced Education/So Hand Made* Website or for any defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
18.4 With regards to Goods purchased by the Buyer, the liability of Enhanced Education/So Hand Made*, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller’s obligations in connection with the use of the information provided under the Contract or Order, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services.
18.5 In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser’ s customers; inventory or use charges; or incidental or consequential damages of any nature.
18.6 The Website is controlled and offered by Enhanced Education/So Hand Made* from its facilities in the United Kingdom.
18.8 Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
19.1 You agree to defend, indemnify and hold harmless Enhanced Education/So Hand Made*, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Enhanced Education/So Hand Made*, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors fees) arising from:
- your use of and access to the Website;
- your violation of any term of these Terms and Conditions;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that any of your Content or Art caused damage to a third party.
19.2 This defence and indemnification obligation will survive these Terms and Conditions and your use of the Website.
20 ABILITY TO ACCEPT TERMS & CONDITIONS
20.1 You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
20.2 The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Enhanced Education/So Hand Made* without restriction.
22 COPYRIGHT NOTICE
The Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Enhanced Education/So Hand Made*.
All of the Enhanced Education/So Hand Made* and Website trademarks are owned by Enhanced Education/So Hand Made* and may not be used for any purpose without the prior written permission of Enhanced Education/So Hand Made*.
24 PAYMENT AND APPROVAL PROCESS FOR SELLERS
24.1 The cost of membership is £120.00 paid annually in advance. A discount for 2 listings or more will receive 10% discount overall.
24.2 Renewals will be notified 3 months prior to end of the contract term.
24.3 Sellers’ bank details must be provided in order for payments to be made directly to their bank account for any purchases made.
24.4 No commission is taken by Enhanced Education/So Hand Made* for the sale of items via the website.
24.5 Sellers will be required to complete a pre-approval form and provide details of the goods they are selling and some images of items for sale. Items must be handmade.
24.6 Bank details, contact details, web address and e mail information must be provided.
24.7 Once approval has been given the seller will receive a discreet login for the site. This must not be shared or exposed to any other person as this will automatically result in the seller being removed from the site.
24.8 Once approval has been given, log in details will be provided upon receipt of payment. Payments will be made to Enhanced Education with the bank details provided. Payments must clearly state the name of the seller when making a bacs transaction.
24.9 The seller is responsible for populating their web page with images), cost of items, descriptions etc. Privacy policies and GDPR information for buyers, (See section above) and respect the privacy of customers.
24.10 Sellers are able to purchase additional pages for different items but will be required to complete the pre-approval form for each page.
24.12 Sellers are expected to assist in marketing the website through their own website, Facebook, and other media and at events as individuals or by marketing materials provided by Enhanced Education/So Hand Made*.
24.13 It is the responsibility of the Seller to ensure that all goods are dispatched are undertaken within the time stated by the seller but must not be later than 3 working days.
24.14 Any disputes, refunds or other queries with customers must be dealt with directly with the customer. Enhanced Education/So Hand Made* are not liable in any way for any complaints or queries, orders, receipts or returns related to the seller and customers must receive correspondence and be resolved/refunded within 5 working days from the first day of contact. Sellers must not in any way damage the reputation of Enhanced Education/So Hand Made*.
24.15 Sellers must not canvas or contact other traders on Enhanced Education/So Hand Made* site, or to organise or arrange events or services not authorised by Enhanced Education/So Hand Made* that would conflict with the services provided by Enhanced Education/So Hand Made*.
24.16 Sellers will be expected to attend events organised by Enhanced Education/So Hand Made* upon invitation. Events made be held in different locations and areas.
25.1 Opening Hours
- The markets will be open for business 00am – 4.
- Stallholders may arrive to set up their stalls from 9.00am. Admittance before this time cannot be guaranteed but we will always do our best to allow you in as early as possible
- Please do not pack away/leave before 4pm – this is unfair on other stallholders making the most of any last minute sales and looks unprofessional.
25.2 Payment Identification
- A) Bank transfer. Please make sure that when you assign a name to your bank transfer, you give the bank transfer a name assignable only to yourself, ie glittering diamonds…Joe Bloggs. Do NOT just assign your bank transfer in the name of the event that you wish to attend ie Romney Fair or Enhanced Education. It would be very helpful to add the invoice number to the reference. Please also let us know what the payment is for by emailing us at the same time as making a payment.
25.3 PUBLIC LIABILITY INSURANCE
- Stallholders MUST hold their own Public Liability Insurance.
- Proof of insurance will have to be emailed to us at least 4 weeks prior to attending. We hold the right to refuse attendance to our events if a stallholder does not have PLI.
- No refund will be made to a stallholder on the grounds of not having PLI for any reason.
25.4 LICENSING CERTIFICATION COMPLIANCE
- It is assumed upon booking, that all stallholders hold any necessary licenses and certificates relevant to their products.
- This includes such documentation as beauty product making licenses and food hygiene certificates.
- It is also expected that all products are in line with and comply with Standards and national guidance such as that issued for toys.
- Enhanced Education/So Hand Made** reserve the right to ask traders for this documentation at any of the markets run by them.
- Enhanced Education/So Hand Made** cannot be held responsible for a lack of this documentation or certification, this is solely the responsibility of the stallholder.
- If a stallholder needing such documentation is unable to provide it when asked, Enhanced Education/So Hand Made* reserve the right to ask them to leave the event immediately or withdraw the affected products from their stall.
- This is the responsibility of the stallholder and no refund will be given under any circumstance.
25.5 LOADING AND UNLOADING
- Stallholders may unload their vehicles as near as is possible to the venues.
- After unloading, stallholders must quickly remove their vehicles to one of the public car parks.
- Free parking is available at some venues.
25.6 LATE ARRIVAL AT EVENTS
- All stallholders MUST arrive at an event at least 15 minutes before the start of the event, in all cases this will be 9.45am unless otherwise stated.
- Any stallholder who is delayed should call the organiser on their mobile number to let them know of their delay.
- 15 minutes before an event, Enhanced Education/So Hand Made** reserve the right to reallocate the tables of any stallholder who has not arrived, to an alternative stallholder.
- If the original stallholder should then turn up, NOT having informed Enhanced Education/So Hand Made** that they will be delayed, their right to a table at the event will have been forfeited.
- Enhanced Education/So Hand Made* will NOT refund the fees of any stallholder who has had their stall re-allocated due to lateness.
25.7 REMOVAL OF RUBBISH
- Stallholders are responsible for the removal of any rubbish, boxes or personal effects at the end of the market.
25.8 ELECTRICAL EQUIPMENT
- All electrical equipment used by stallholders must be PAT tested if older than one year.
- Proof of PAT testing will be asked for in advance.
25.9 ALLOCATION OF SPACES
- Spaces/positions are allocated in advance of each event.
- You are booking a space (appx 5’ by 7’ unless otherwise advised) with a table (appx 6’ by 2’ unless otherwise advised) supplied (unless mentioned otherwise on the website or by us at time of booking) to fit within it allowing for room for everyone to get in and out.
- Any rails, signs, small tables/shelves etc. that you take MUST fit within the space along with the table and not interfere with other stallholders. For example if you take a rail or additional table/shelving unit etc. you must then use a smaller table supplied by yourself so that it all fits within the space allowing for room for others to get in and out.
- Stallholders will be shown to their table/space on arrival or it can be found by the label we have put out.
- Enhanced Education/So Hand Made** allocate spaces taking into account many factors (i.e. product type, disability etc.) and this decision is final – no complaints or arguments on the day will be accepted.
- Stallholders will be asked to leave the event immediately, and expected to, if the above points are not adhered to.
25.10 CANCELLATION RIGHTS
- Stallholders have 14 days to cancel their appearance at a market from the day that Enhanced Education/So Hand Made** confirm their place at an event by email.
- Any tables/bookings that are cancelled will need to be re-sold before a refund is made and will be subject to a small admin charge of £5.00 per market unless within the 14-day period.
- ‘Last minute cancellation spaces’ that are booked are not subject to the 14 day cooling off period.
25.11 CANCELLATION OF EVENTS
- In the unlikely event that Enhanced Education/So Hand Made** has to cancel a market, all stallholder’s payments will be returned.
- Events will only be cancelled by Enhanced Education/So Hand Made** if the venue has become unusable or if the owners of the venues decide to cancel the booking.
- These are unlikely situations and please be assured that Enhanced Education/So Hand Made* will do its best to avoid these situations at all possible costs.
25.12 OUR VENUES
- All venues are visited prior to use.
- The markets and their potential footfall are assessed.
- All advertising possibilities are considered and different methods utilised to maximise footfall at each venue.
- Enhanced Education/So Hand Made* turn down far more venues than we accept, even turning down venues which have previously been utilised by other market operators.
- We believe that we only accept the venues with the most potential onto our books.
25.13 QUOTAS OF DIFFERENT STALLS
- The amount of stallholders offering similar goods will be limited.
- Although Enhanced Education/So Hand Made* believe that competition is healthy, flooding a market with similar goods is not.
- Enhanced Education/So Hand Made* will not, for example, book more than 1/2 jewellers at any event subject to administration errors.
- Quotas are set for each type of product by Enhanced Education/So Hand Made* taking into account many years of experience in running craft and gift markets, whilst being fair and consistent to all who book and also to potential customers.
25.14 DECLARING YOUR ITEM FOR SALE
- Only articles declared on the application form or otherwise agreed prior to the event will be acceptable on your stall.
- We reserve the right to ask you to remove any undeclared articles from your stall should they breach prior agreement.
- Enhanced Education/So Hand Made* will work to get as many people as possible to enter the venues.
- The events will be advertised in the locations on the day itself and on the internet in advance.
- Stallholders may advertise the market themselves in any form they wish. (Stallholders are encouraged to click on ‘Advertising Successfully’ for posters which can be used for each event.)
- Other ways of advertising such as the internet or radio, may be used by Enhanced Education/So Hand Made*. Stallholders are encouraged to do their own advertising as well as rely upon Enhanced Education/So Hand Made**.
- The more that we can advertise the event collaboratively the more successful the market.
25.15 TRADING PRACTICES
- Enhanced Education/So Hand Made** practice totally ethical trading methods.
- We firmly believe that every action that we take is above board, ethical and done for the best ethical and moral reasons.
- We do practice very active marketing methods to create the good footfalls that we always create. Enhanced Education/So Hand Made* partners take a firm stance with any member of the Enhanced Education/So Hand Made* team who make derogatory comments about any other traders or who are not upholding the good name and reputation of Enhanced Education/So Hand Made**.
25.16 FOOTFALL AND ISSUES BEYOND OUR CONTROL
- We make every possible effort to get as many people into all our events as is possible, but we clearly cannot always control this.
- We will not refund in the event that you feel more people should have been in attendance.
- There are too many variables at any event which are just beyond our control such as weather, timings of sports events etc.
- Any information you provide us (ie contact details) are only accessible by the Enhanced Education/So Hand Made* team (office staff only) for the purpose of confirming bookings, event reminders, balance reminders and similar or on rare occasions emails may be sent informing you of any cancellation spaces/availability, release of new dates/events that you may wish to book or similar.
- If you inform us in writing we can let you know (within 28 days) what information we hold (this is only ever information that you put on your application forms or that you have sent to us via email.)
- If you do not want to be contacted please let us know in writing (this will be actioned within 28 days) but please be aware that you would then not receive any emails reminding you of your booking/any changes to your booking or balance reminders etc. – we would require immediate payment of all balances in this case.
25.18 TREATMENT OF STAFF
- Please note that any poor treatment or abuse of staff (or other stallholders) either verbally, psychologically, physically, by email or phone, will not be accepted.
- Any bullying of staff (or other stallholders) in any way will not be accepted.
- Enhanced Education/So Hand Made* value our hard working staff (and professional stallholders) and reserve the right to remove stallholders who do not comply with the above in any way, from both the event and future bookings.
26.1 If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
26.2 No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Enhanced Education/So Hand Made*’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
26.3 Enhanced Education/So Hand Made* reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website.
26.4 It is your responsibility to review these Terms and Conditions for any changes.
26.5 Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
26.6 You agree that any cause of action arising out of or related to the Website must commence within one 1 year (within 12 months) after the cause of action accrues.
26.7 Otherwise, such cause of action is permanently barred.
27 Violations of These Terms & Conditions
27.1 Please report any violations of the Terms and Conditions, including objectionable User Submissions, Content, or behaviour, to firstname.lastname@example.org
27.2 Please state the reasons for your concern and provide a link to the Content or, if appropriate, the behaviour in question.
27.3 Enhanced Education/So Hand Made* will investigate the matter, and will determine at its sole directive whether or not to remove the material or take actions against the user reported.