Please read these terms of use ("Agreement" or "Terms of Use") carefully before using the website and services offered by Enezatech Digital Solutions (“CraftGift Marketplace”). The Agreement sets out the legally binding terms and conditions for your use of the website at marketplace.CraftGift.co.ke (the "Site") and all services provided by CraftGift Marketplace on the site.


By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, information and other materials or services on the Site.

If you have any questions, please refer to the Help section of the Site.

What is CraftGift Marketplace?

The philosophy of CraftGift Marketplace is to provide a platform to support emerging and established Handmade. CraftGift Marketplace is a Handmade website which provides a platform for Craftsperson which are small businesses selling their own label, vintage collections.

CraftGift Marketplace meets the needs of the customer by providing a place to discover unique brands and vintage Handmade Product from Craftsperson. We reserve the right to remove sellers that do not fall within this framework at any time.

CraftGift Marketplace champions the diversity of Handmade Product. CraftGift Marketplace supports sellers that have collected vintage and are selling via their CraftGift Marketplace supports independent labels that are small businesses, and CraftGift Marketplace supports multi-brand boutiques that may possibly have their own store and are looking to diversify their selling options. In essence we support sellers that have a legitimate business and are taking Handmade Product seriously.

CraftGift Marketplace supports creativity and small businesses. CraftGift Marketplace champions sellers that physically own their stock and take their own pictures for CraftGift Marketplace. We do not support the drop shipping business model. If a seller is thought to be running their business as a drop shipper then CraftGift Marketplace at its own discretion may remove that seller’s account(s) from the site without notice or prior warning to the seller and shall take any measures it deems necessary to ensure that subsequent drop shipping accounts are not opened on the Site.

The Marketplace Review Team reserve the right to remove any listing which they feel does not meet this criteria: If making reference to third parties intellectual property rights

CraftGift Marketplace is a Venue

CraftGift Marketplace acts as a venue to allow users, who comply with this agreement. CraftGift Marketplace's policies to offer, sell and buy certain Handmade Product within a fixed-price format. CraftGift Marketplace is not directly involved in the transactions between buyers and sellers. As a result, CraftGift Marketplace has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. CraftGift Marketplace does not pre-screen content or information provided by users. CraftGift Marketplace cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, CraftGift Marketplace cannot and does not transfer legal ownership of items from the seller to the buyer.

CraftGift Marketplace cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.

You agree that CraftGift Marketplace is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on CraftGift Marketplace. You use the CraftGift Marketplace service at your own risk.

Membership Eligibility

Age: CraftGift Marketplace's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. CraftGift Marketplace may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by CraftGift Marketplace's policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by CraftGift Marketplace, each of which is incorporated herein by reference and each of which may be updated by CraftGift Marketplace from time to time without notice to you:

In addition, some services offered through the Site may be subject to additional terms and conditions published by CraftGift Marketplace from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify CraftGift Marketplace of any unauthorized use of your password or any breach of security. You also agree that CraftGift Marketplace cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than CraftGift Marketplace without CraftGift Marketplace's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address.

Account Transfer: You may not transfer or sell your CraftGift Marketplace account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Account Ownership: CraftGift Marketplace Craftsperson may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder

Feedback: Marketplace takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. The Marketplace team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.

Right to Refuse Service: CraftGift Marketplace reserves the right to refuse service to anyone at any time. CraftGift Marketplace's services are not available to temporarily or indefinitely suspended CraftGift Marketplace members. CraftGift Marketplace reserves the right, in CraftGift Marketplace's sole discretion, to cancel unconfirmed or inactive accounts.

Fees and Services

Boutiques are charged a monthly subscription fee. CraftGift Marketplace also charges a percentage of the sale price when the item sells. CraftGift Marketplace's Features and Fees are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for CraftGift Marketplace's services are effective after CraftGift Marketplace provides you with at least thirty (30) days' notice by posting the changes on the Site. However, CraftGift Marketplace may choose to temporarily change the Features & Fees for its services for promotional events; such changes are effective when CraftGift Marketplace posts the temporary promotional event on the Site. CraftGift Marketplace may decrease the fees as stated in the Features & Fees with no notice to you. CraftGift Marketplace may, at its sole discretion, change some or all of CraftGift Marketplace's services at any time. In the event CraftGift Marketplace introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in Kenya shillings (KES).

Craftsperson accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full. In the event that a Boutique’s product count falls to zero their CraftGift storefront will no longer show on site but the. A Craftsperson account can be closed or downgraded at any time and it is the responsibility of the Craftsperson owner to manually terminate their Craftsperson status from their Account Status page.

You are responsible for paying all fees and applicable taxes associated with using CraftGift Marketplace. CraftGift Marketplace keeps accepted payment information in accordance with its Privacy Policy. If fees are due to CraftGift Marketplace then we will be invoice the seller for the amount due that month.

Fees and Termination: If CraftGift Marketplace terminates a listing or your account, if you close your account, or if the payment of your CraftGift Marketplace fees cannot be completed for any reason, you remain obligated to pay CraftGift Marketplace for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action. If you have a question or wish to dispute a charge, contact CraftGift Marketplace.

 

 

Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with CraftGift Marketplace's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.

Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance:

The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding CraftGift Marketplace transaction fees, misrepresent the item's location, or use another user's account without permission. Sellers may not encourage buyers to purchase an item listed on CraftGift Marketplace outside of the CraftGift Marketplace site, third-party providers. This may also constitute fee avoidance.

Promotional Codes:

Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s only. Promotional codes have no cash value and cannot be exchanged for money or credit. CraftGift Marketplace and/or the CraftGift website. If the Seller is found to be selling promotional codes this may constitute fee avoidance.

Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to CraftGift Marketplace and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on CraftGift Marketplace Copyright Policy.

Restricted Activities: Your Content and your use of CraftGift Marketplace:

  1. Must not be false, inaccurate or misleading
  2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Must not contain items that have been identified as hazardous to consumers
  6. Must not be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including CraftGift Marketplace staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Must not be obscene
  8. Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
  9. Must not modify, adapt or hack CraftGift Marketplace or modify another website so as to falsely imply that it is associated with CraftGift Marketplace;
  10. Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on CraftGift Marketplace.

Furthermore, you must not list any item on CraftGift Marketplace (or conclude any transaction that was initiated using CraftGift Marketplace's service) that, by paying to CraftGift Marketplace a commission fee, could cause CraftGift Marketplace to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

License: CraftGift Marketplace does not claim ownership rights in your Content. You grant CraftGift Marketplace a license solely to enable CraftGift Marketplace to use any information or Content you supply CraftGift Marketplace with so that CraftGift Marketplace is not violating any rights you might have in that Content. You grant CraftGift Marketplace a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow CraftGift Marketplace to store or re-format your Content on CraftGift Marketplace and display your Content on CraftGift Marketplace in any way as CraftGift Marketplace chooses. CraftGift Marketplace will only use personal information in accordance with CraftGift Marketplace's Privacy Policy.

By uploading Content to CraftGift Marketplace you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that CraftGift Marketplace receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate CraftGift Marketplace for any loss suffered. CraftGift Marketplace reserves the right to remove any such Content immediately.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another CraftGift Marketplace user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for CraftGift Marketplace-related communications. CraftGift Marketplace has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any CraftGift Marketplace user to your email or physical mail list. For more information, see CraftGift Marketplace's Privacy Policy.

By uploading boutique images to CraftGift Marketplace, you agree that CraftGift Marketplace has the right to use your images to promote CraftGift Marketplace and/or your store in any external press as well as across all CraftGift Websites and CraftGift social media channels.

Re-Posting Content:

By posting Content on CraftGift Marketplace, it is possible for an outside website or a third party to re-post that Content. You agree to hold CraftGift Marketplace harmless for any dispute concerning this use. If you choose to display your own CraftGift Marketplace-hosted image on another website, the image must provide a link back to its listing page on CraftGift Marketplace.

Idea Submissions:

CraftGift Marketplace considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and CraftGift Marketplace shall not be liable for the disclosure or use of such Material. If, at CraftGift Marketplace's request, any member sends Material to improve the site (for example to customer support), CraftGift Marketplace will also consider that Material to be non-confidential and non-proprietary and CraftGift Marketplace will not be liable for use or disclosure of the Material. Any communication by you to CraftGift Marketplace is subject to this Agreement. You hereby grant and agree to grant CraftGift Marketplace, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Interactions with Other Users and private messaging

Users are solely responsible for interactions with others. Users understand that CraftGift Marketplace does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Messaging is your way to communicate privately with other CraftGift Marketplace members. It’s essentially email, but purely for CraftGift Marketplace members. Messages are primarily intended for communicating about transactions and orders that are underway.

  • You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”. You must not pass on email addresses or any other information on to third parties.
  • Spamming other Stores in order to ask them to ‘follow’ your own Store will not be tolerated.
  • Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
  • You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
  • If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
  • You must not use Messages to interfere with a transaction. This means…
    • You must not contact another member to buy or sell an item listed on CraftGift Marketplace outside of the CraftGift Marketplace site. This may also constitute fee avoidance.
    • You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.

As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact The Marketplace Team who will review account activity and enable your account if spam-free.

Information Control

CraftGift Marketplace does not control the Content provided by users that is made available on CraftGift Marketplace. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade. By using CraftGift Marketplace, you agree to accept such risks and that CraftGift Marketplace (and CraftGift Marketplace's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on CraftGift Marketplace. Please use caution, common sense, and practice safe buying and selling when using CraftGift Marketplace.

Other Resources:

CraftGift Marketplace is not responsible for the availability of outside websites or resources linked to or referenced on the Site. CraftGift Marketplace does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that CraftGift Marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.

Resolution of Disputes and Release

In the event a dispute arises between you and CraftGift Marketplace, please contact CraftGift Marketplace.

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of Kenya. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you release CraftGift Marketplace (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

CraftGift Marketplace, for the benefit of users, may try to help users resolve disputes, at their request. CraftGift Marketplace does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that CraftGift Marketplace attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.

CraftGift Marketplace's Intellectual Property

CraftGift Marketplace, and other CraftGift graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of CraftGift plc and its subsidiaries. CraftGift Marketplace's copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Breach

Without limiting any other remedies, CraftGift Marketplace may, without notice, and without refunding any fees, delay or immediately remove Content, warn CraftGift Marketplace's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

 

  • CraftGift Marketplace suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein.
  • CraftGift Marketplace is unable to verify or authenticate any of your personal information or Content
  • CraftGift Marketplace believes that a user is acting inconsistently with the letter or spirit of CraftGift Marketplace's policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with CraftGift Marketplace or the actions may cause legal liability or financial loss to CraftGift Marketplace's users or to CraftGift Marketplace.