Terms & Conditions

Terms of Use

The short version:

  • You must be an adult. If you are not an adult…you can join, just have your mom call my mom.
  • At this time – we only facilitate US shops and customers.
  • The goods you sell must be handmade by you.
  • Don’t post copyrighted work. This includes team/company logos, characters from movies and brand names.
  • Mean people suck. Don’t be mean to people on GenH. You’ll be banished forever. Be kind.
  • All financial transactions go through PayPal. Period. Your credit card will never be compromised on GenH – because we never ask for it.
  • You must have a PayPal account to get paid as a seller.
  • At the time of the sale, the customer payment is split between the shop and GenH. The fee paid to GenH on your behalf during that transaction is non-refundable.  The  fee is 3% of the sell price.
  • Shops must post accurate descriptions and ship in a timely manner.
  • Fraudulent activity should be reported immediately help@generationhandmade.com
  • GenH can use your item descriptions and photos for marketing purposes.
  • We will never share your personal info without your written consent (unless required by law)
  • We do not collect sales tax on your behalf. It is your responsibility to know the tax laws for your state and submit any required taxes to the proper agency.
  • Don’t spam customers or shops…or your account could be deleted.
  • GenH is not liable for any loss to you (financial or otherwise). 

The long version….

Please read these terms of use carefully before using the website and services offered by Generation Handmade (“GenH”).

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.  This Agreement applies to all users of the Site (users, shops and customers)

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

Generation Handmade Marketplace is a Venue

GenH acts as a venue to allow users, who comply with this agreement.
GenH’s policies to offer, sell and buy certain handmade goods.
GenH is not directly involved in the transactions between buyers and sellers.
As a result, GenH 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.
GenH does not pre-screen content or information provided by users.
GenH cannot ensure that a buyer or seller will actually complete a transaction.
GenH 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.

You agree that Generation Handmade 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 Generation Handmade. You use the Generation Handmade service at your own risk.

  Membership Eligibility

Age: GenH’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.
Anyone under the age of 18, wishing to use Gen H, must email admin@generationhandmade.com for permission.
Users granted this right, must be under the supervision of a parent/guardian when accessing GenH. GenH
 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 noitice 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 GenH’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 GenH.

Handmade: All items listed on GenH must be handmade by the shop owner.  Upcycled items are allowed. No factory produced items are permitted. If your item comes into question, you may be asked to provide proof the item it handmade by you. If you refuse or cannot provide such documentation, your listing will be removed. Repeat violations may result in your account being susupended.

 

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 GenH of any unauthorized use of your password or any breach of security. You also agree that GenH 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 GenH without GenH’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. To sell items on GenH, you must provide and maintain a valid PayPal account and postal address.

Account Transfer: You may not transfer or sell your GenH 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: Generation Handmade Shops 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. If a secondary account is required then the SHOP must request prior written permission from GenH. GenH reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.

Right to Refuse Service: GenH reserves the right to refuse service to anyone at any time. GenH’s services are not available to temporarily or indefinitely suspended GenH members. GenH reserves the right to cancel unconfirmed or inactive accounts.

 Fees and Services

GenH also charges a percentage of the sale price when the item sells. This fee is 3% of the selling price (not including shipping costs). Increase to the Fees for GenH’s services are effective after GenH provides you with at least thirty (30) days’ notice by posting the changes on the Site. GenH may decrease the fees as stated in the with no notice to you. GenH may, at its sole discretion, change some or all of services at any time. In the event GenH 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 US Dollars (USD).

 

Fees and Termination: If GenH terminates a listing or your account, if you close your account, or if the payment of your GenH fees cannot be completed for any reason, you remain obligated to pay GenH 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 ASOS Marketplace.

Shops fees are paid at the time of customer purchase via PayPal. These fees are for services rendered and are non-refundable. Any attempt to circumvent fee payments will result in your privileges being revoked.

  Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with GenH’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.

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 7 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 not encourage buyers to purchase an item listed on GenH outside of the GenH site, such as directly through PayPal. This may also constitute fee avoidance.

Coupons: Sellers may issue coupons for promotional purposes only and these are to be used against purchases from the issuing seller’s boutique only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes. 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 GenH 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 GenH.

Restricted Activities: Your Content and your use of GenH:

  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, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including GenH 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 Generation Handmade or modify another website so as to falsely imply that it is associated with Generation Handmade10. 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 GenH.

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

 Content

License: GenH does not claim ownership rights in your Content. You grant GenH a license solely to enable GenH to use any information or Content you supply GenH with so that GenH is not violating any rights you might have in that Content. You grant GenH a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (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 GenH to store or re-format your Content on GenH and display your Content on GenH in any way as GenH chooses.

By uploading Content to GenH 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 GenH 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 GenH for any loss suffered. GenH 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 GenH user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for GenH e-related communications. GenH 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 GenH user to your email or physical mail list.

By uploading images to GenH, you agree that GenH has the right to use your images to promote GenH and/or your shop in any external press as well as across all GenH.

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

  Interactions with Other Users

Users are solely responsible for interactions with others. Users understand that GenH 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.

 

  • You must not use email 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 shops 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 GenH outside of the GenH 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.

  Information Control

GenH does not control the Content provided by users that is made available on GenH. 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.

 

  Resolution of Disputes and Release

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

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to arbitration. 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 GenH (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.

GenH, for the benefit of users, may try to help users resolve disputes. GenH 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 GenH attempts to resolve a dispute it will do so in good faith based solely on its this agreement and its policies. GenH will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.

GenH’s Intellectual Property

GenH, and other GenH graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of GenH and its subsidiaries. GenH s copyright, trademarks, service makrs, 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, GenH may, without notice, and without refunding any fees, delay or immediately remove Content, warn GenH’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:

 

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

 Privacy

GenH will not sell or disclose your personal information to third parties without your explicit consent.

 No Warranty

GENH, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE GENH’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GENH, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GENH SHALL CREATE ANY WARRANTY.

 Liability Limit

IN NO EVENT SHALL GENH, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GENH SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

GENH’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF GENH’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO GENH IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

 Indemnity

YOU AGREE TO INDEMNIFY AND HOLD GENH AND (AS APPLICABLE) GENH’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 No Guarantee

GenH does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside GenH’s control or otherwise.

  Legal Compliance and Taxes

You shall comply with all applicable domestic laws and regulations regarding your use of the Site and any GenH service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

 Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

 No Agency

You and GenH are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

GenH Service

GenH reserves the right to modify or terminate the GenH service for any reason, without notice, at any time. GenH reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If GenH makes a material change GenH will notify you here, by email, by means of a notice on our home page, or other places GenH deems appropriate. What constitutes a “material change” will be determined at GenH’s sole discretion, in good faith, and using common sense and reasonable judgment.