1. Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and OBEC.net sro, Potoční 8, Brno [CZ] IC:25564919 (hereinafter as HANNDE).

This contract sets out your rights and responsibilities when you use HANNDE.com and the other services provided by HANNDE (we’ll refer to all of these collectively as our “Services”). By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

2. Your Privacy

By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Both HANNDE and sellers process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not HANNDE, will be responsible for that unauthorised disclosure.

If, however, HANNDE and sellers are found to be joint data controllers of buyers’ personal information, and if HANNDE is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify HANNDE for the expenses it occurs in connection with your processing of buyer personal information.

3. Your Account with HANNDE

You’ll need to create an account with HANNDE to use some of our Services. Here are a few rules about accounts with HANNDE:

A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use HANNDE or the Services. You are responsible for any and all account activity conducted by a minor on your account.

B. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. Be honest with us.

C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

4. Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant HANNDE a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

C. Rights You Grant HANNDE. By posting Your Content, you grant HANNDE a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote HANNDE, your HANNDE shop, or the Services in general, in any formats and through any channels, including across any HANNDE Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

That sounds like a lot, but it’s necessary. Consider these examples: if you upload a photo of a listing on your HANNDE shop, we have permission to display it to buyers, and we can resize it so it looks good to a buyer using our app; if you post any description, we can translate it into another language; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and HANNDE’s.

D. Reporting Unauthorised Content. HANNDE has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us.

HANNDE is a marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a venue, but HANNDE does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on HANNDE's marketplace is generated by independent sellers who are not employees, agents, or representatives of HANNDE. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.

HANNDE will remove material cited for alleged intellectual property infringement when provided with a proper notice.

E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on HANNDE’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Prohibited Items Policy

This policy is a part of our Terms of Use. By opening an HANNDE shop, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on HANNDE:

Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

Animal Products and Human Remains

Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

Hate Items: Items that Promote, Support, or Glorify Hatred

Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

Internationally Regulated Items

Pornography and Mature Content

Violent Items: Items that Promote, Support, or Glorify Violence

5. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:

A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against HANNDE, another HANNDE user, or a third party.

B. Pay Your Bills. You are responsible for paying all fees that you owe to HANNDE. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

C. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

D. Share Your Ideas. They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to HANNDE (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

E. Talk to Us Online. From time to time, HANNDE will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

6. Termination

Termination By You. You may terminate your account with HANNDE at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

Termination By HANNDE. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. HANNDE may refuse service to anyone, at any time, for any reason.

If you or HANNDE terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. HANNDE reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

7. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that HANNDE does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so HANNDE can't and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release HANNDE from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. HANNDE is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. HANNDE is not a party to those agreements; they are solely between you and the third party.

WARRANTIES. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER HANNDE, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL HANNDE’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID HANNDE IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if HANNDE gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend HANNDE (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

9. Disputes with Other Users

If you find yourself in a dispute with another user of HANNDE’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites.

Reply to the receipt in your email to contact the seller.

Who is the seller?

Each item on HANNDE is sold by an independent seller. Reach out to the seller if:

• You haven’t received your order

• The item isn’t as it was described

• You want a refund

• You want to return the item

Each seller has their own shop policies, so be sure to review those before contacting the seller. This can include how they handle returns, refunds, and cancellations.

Release of HANNDE. You release HANNDE from any claims, demands, and damages arising out of disputes with other users or parties.

For EU buyers:

You have too the option of using the EU Online Dispute Resolution platform.

https://ec.europa.eu/consumers/odr/

EU Directive on Consumer Rights

On June 13, 2014, regulations took effect in the European Union (EU) that may impact certain HANNDE transactions. The regulations, which will implement the EU Directive on Consumer Rights, apply to all HANNDE sellers based in the EU and buyers based in EU member countries. Note that EU law often allows EU consumers to invoke their consumer law protections even when dealing with businesses based outside of the EU; if you're based outside the EU and make your listings available to buyers there, you may need to seek legal advice on your obligations. Each EU Member state has adopted its own unique national laws incorporating the directive. Failure to comply with these regulations can invalidate a sale and possibly even violate the law.

Buyers residing in countries that are subject to these regulations have the right to return an item within 14 days of receiving the item. Sellers affected by the regulations must clearly inform buyers residing in these countries about their right to return an item before the buyer makes a purchase (such as in the listing or the seller’s shop policies). Failure to do so will extend the withdrawal period by an additional year, meaning that buyers will have a period of one year and 14 fourteen days in which to return the item.

This right does not extend to custom-made products and certain perishable goods, unless otherwise specified by the seller. Digital content, including artwork and patterns, may not be eligible for return. Rules governing digital content vary by EU member country.

If a buyer exercises their right to return an item, a seller must reimburse all payments, including the original postage charges, received from the buyer. If a seller has not received returned goods from a buyer, the seller may withhold such reimbursement provided that reimbursement occurs within 14 days of receipt of the returned goods. The buyer is responsible for paying return postage costs unless the seller has agreed to bear those costs. If a seller has not agreed to bear return costs and the item can't, due to its nature, be returned by post, an estimate of the return costs should be included in the information provided to the buyer relating to cancellation and return.

Sellers must also provide buyers with a model withdrawal form (in other words, a cancellation form) that they can- but are not obliged to- use if they wish to return a product.

10. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

11. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and HANNDE regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

12. Contact Information

If you have any questions about the Terms, please contact us by email at info(at)hannde.com or by post at:

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OBEC.net, sro; Potoční 8; 617 00 Brno, Czech Republic

Last updated 26/06/2019