VENDOR TERMS AND CONDITIONS OF USE ON HOUSE OF HEART EMPORIUM ONLINE SHOP

Introduction

House of Heart Emporium is a curated shop where you can sell your handcrafted goods, vintage items and craft supplies. We want to be sure that you and your buyers have a positive experience of the House of Heart Emporium Online Shop and so we ask that you read on to find out more about your rights as well as what is expected of you, the Vendor.

The House of Hearts online shop can be accessed at www.housofheart.co.za, The site enables buyers to shop for locally made and handcrafted goods and have them delivered to their door or their nearest post office.


Legally binding contract

All users and account holders, including those that buy from the site ("buyers") are bound by these terms and conditions ("T&Cs"). By registering, or using the site at all, you recognise that you've read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask House of Heart Emporium to explain the relevant clause to you before you accept the T&Cs by using or buying from the site.


With whom are you entering into a contract?

The site is owned and run by House of Heart Emporium, a Closed Corporation owned by Trogon Business Services CC, registration number 2000/004149/23, a company incorporated in the Republic of South Africa (herein after referred to as “House of Heart Emporium”).

1. The House of Heart Emporium Online Store

1.1 The House of Heart Emporium Online Store allows an active, authorized registered user of House of Heart Emporium to create a store on the House of Heart Emporium Online Store in order to list, promote, market and sell their products (They will hereafter be ‘the Seller).

1.1. The House of Heart Emporium Online Store enables You the Seller to:

(a) upload Content;

(b) add, edit and manage Content; and

1.1.2. The House of Heart Emporium Online Store allows an active, registered user or a "Guest User" of the House of Heart Emporium Online Store to locate and purchase Product via the House of Heart Emporium Online Store (the "Buyer").

1.2. We will provide you with the services for the House of Heart Emporium Online Store.

1.2.1. We will provide you with a username and password in order to login as required.

1.2.2. We reserve the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).

1.3. You agree to provide all necessary equipment, network connections and software to access this Site.

1.4 You agree that House of Heart Emporium may restrict and/or terminate its services to you at any point in time if House of Heart Emporium, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.

1.5. House of Heart Emporium facilitates the communication between Users on the House of Heart Emporium Online Store. We accept no responsibility or liability for the content of User to User communications on the Service.

1.6. The House of Heart Emporium Online Store is "as is" and no refunds will be provided for fees.

1.7. Right to Use the House of Heart Emporium Online Store.

1.7.1. Subject to the terms and conditions of this Agreement, and limited solely to the extent necessary to use the House of Heart Emporium Online Store,

1.7.2. House of Heart Emporium hereby grants You a limited, revocable, non-exclusive, non- transferable, worldwide right to use the House of Heart Emporium Online Store solely for the purposes described in this Agreement.

1.7.3. All rights not expressly granted to You are reserved by House of Heart Emporium. Except as expressly permitted by House of Heart Emporium, and You shall not:

1.7.3.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the House of Heart Emporium Online Store in any way;

1.7.3.2. modify or make derivative works based on the House of Heart Emporium Online Store;

1.7.3.3. reverse engineer, decompile, modify, translate, disassemble or create derivative works based on the House of Heart Emporium Online Store;

1.7.3.4. rent, lease or otherwise transfer rights to any aspect of the House of Heart Emporium Online Store; or

1.7.3.5. take any act to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the House of Heart Emporium Online Store. You further agree that upon termination or expiration of this right, You shall no longer have the right to use the House of Heart Emporium Online Store.

  1. What can be sold on House of Heart EmporiUM

 

House of Heart is a unique crafters market and buyers come here to purchase items that they might not find anywhere else. Everything listed for sale on House of Heart Emporium Online Shop must be made in South Africa or Africa or vintage items or craft supplies. If you sell handcrafted items, you agree that these products are made or designed by you, and made in South Africa.

 

2.1  Handcrafted Items.

These are products that you the vendor have made and designed yourself and must be of good quality. If you are making childen’s toys, please make sure you comply with safety standards.

2.2  Vintage Items

These are items that have been used and are being sold on to someone else who might find a use for it. The category includes clothing as well as ornaments, household goods, etc.

2.3  Craft Supplies

These are tools, ingredients or materials that can be used in any crafts for buyers to use in their own crafts or special occasions and can be from any source as long as they are clearly products to be used to create something new as opposed to a finished product. Party supplies may also be sold as craft supplies.

 

  1. WHAT CAN’T BE SOLD ON HOUSE OF HEART EMPORIUM

 

Even if an item meets our selling criteria as in handmade, vintage or craft supply, we will not allow the sale of prohibited items or services. These would include products that cause offense, products that qualify as prohibited goods according to SARS http://www.sars.gov.za/ClientSegments/Customs-Excise/Travellers/Pages/Prohibited-and-Restricted-goods.aspx, that contain pornographic material, etc.

 

House of Heart Emporium may remove any listings that violate our policies and could even suspend or terminate our account for any violations. Should such a suspension occur, you are still liable for any fees that are still outstanding from your side at the time of suspension.

 

  1. REPRESENTATION OF YOURSELF AND YOUR SHOP

 

When you register on House of Heart Emporium, you are agreeing that you are representing yourself and your business/shop honestly and transparently.

 

By selling on House of Heart Emporium Online Shop you are agreeing that you will:

 

4.1  Provide honest and accurate information about yourself in your ABOUT Section

4.2  Honor your shop policies

4.3  Accurately represent your items in your listings with a photo you have taken or paid to be taken of your products, and the descriptions you make of said product.

4.4  Respect the intellectual property of others and if you feel if someone has violated your intellectual property rights, you can report it to us at House of Heart Emporium at penny@houseofheart.co.za

4.5  Not engage in fee avoidance, as in if someone orders something from the shop that is one of your products, you are not allowed to contact them directly and offer them the product directly so that you don’t have to pay the commission fee.

4.6  Not co-ordinate pricing with other sellers.

 

  1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

 

You are responsible for protecting registered customer’s personal information that you receive or process. This means that to the extent that you use the Services outside of House of Heart Emporium’s site, you must maintain a privacy policy for your shop that is consistent with House of Heart Emporiums’ privacy policy.

If you disclose personal information of a customer, you are responsible for that unauthorised disclosure and will be held liable for that. Without the buyer’s consent, you may not use their information for unsolicited commercial messages or unauthorised transactions and you may not use that buyer’s identity for marketing or obtain or retain any payment information. If House of Heart Emporium and you are found to be joint data controllers of personal information and House of Heart Emporium is sued, fined or otherwise incurs expenses because of something you did as a joint data controller of buyer personal information, you agree to indemnify House of Heart Emporium for the expenses that are incurred as a result of your misuse of buyer personal information.

 

  1. CREATION AND UPLOADING OF CONTENT

 

As a member of House of Heart Emporium, you have the opportunity to create and upload a variety of content, like listings, text, photographs and videos. IN order to keep our community safe and respectful, you agree that you will not upload content that is:

  1. Abusive, threatening, defamatory, harassing or otherwise in violation of the Anti-Discrimination Policy.
  2. Obscene or Vulgar
  3. IN violation of someone else’s privacy or intellectual property rights;

False, deceptive or misleading.

 

Any photographs you post must be your own photographs, that you have taken or paid to have taken of your own products. You may not post someone else’s photograph and say that you can make this product.

 

7.         CUSTOMER SERVICE

We expect our sellers to provide a high level of customer service. By selling on House of Heart Emporium, you agree to:

7.1 Honor your shipping and processing times. Sellers are obligated to make sure your goods are either at House of Heart Emporium ready for shipping within 24 hours of receiving the order or being ready to receive a courier to collect the parcel depending on what arrangement has been made.

            7.2       Respond to messages from your customers in a friendly and timeous manner

            7.3       Honour the commitments you make in your shop policies.

6.4       Resolve disagreements or disputes directly with the customer. In the unlikely event you can’t reach an agreement, please let House of Heart Emporium know the situation and we can help resolve the agreement.

7.5       If you are unable to complete and order, you must notify the customer and cancel the order as timeously as possible.

House of Heart Emporium undertakes to help you provide good customer service and and maintain your customer’s trust.

8. Fees

8.1. You are responsible for all transaction fees and other fees (the "Fees") you have agreed to via the House of Heart Emporium Online Store.

8.2. House of Heart Emporium charges You a percentage of the sale price when Your Product sells. If you the seller load and list your products yourself, you agree to pay 20% commission on the sale of each item. There are no other charges on top of that, as in rent for having your products on the site for sale. If you the seller, requires House of Heart Emporium to load and list your items, you agree to pay 30% commission for the service. There are no further charges on top of that. House of Heart will pay for packaging and the customer or House of Heart Emporium will pay for the shipping.

8.3. The House of Heart Emporium Fee Policy is subject to change and can be found below.

8.3.1. In terms of Hello Pretty’s Fee Policy two plans are offered to you, namely:

8.3.1.1. a Load Your Own Products Plan, you will choose this after you have applied as a vendor. The option will given to you in your welcome email.

and

8.3.1.2. a We Load Your Products Plan, you will choose this after you have applied as a vendor. The option will be given to you in your welcome email.

8.3.2. Your payment’s for any sales due, less the fees owed to House of Heart Emporium will be paid before the 7th of the following month of when the sales were made.

8.4. A statement will be made available to you on your Dashboard.

8.5. Changes to the Fees are effective at the time You accept the Fees or after House of Heart Emporium provides You with at least fourteen (14) days notice by posting the changes on the Website.

8.6. House of Heart Emporium may, at House of Heart Emporium’s sole discretion, change some or all of the House of Heart Emporium services and Fees at any time. In the event House of Heart Emporium introduces a new service, the Fees for that service are effective at the launch of the service.

8.7. You are responsible for paying all Fees and applicable taxes associated with using the House of Heart Emporium Online Store. Your fees will be deducted before you are paid out.

8.8. House of Heart Emporium’s obligations hereunder are conditioned upon Your fulfilment of all payment obligations to House of Heart Emporium. If you fail to meet your obligations then House of Heart Emporium shall have the right to suspend delivery of the House of Heart Emporium Online Store to You, in whole or in part.

8.8.1. Any dispute or claim concerning calculation of Fees charged must be brought to the attention of House of Heart Emporium by e-mail to penny@houseofheart.co.za within thirty (30) days following the statement date, accompanied by the details forming the basis for such dispute or claim. Failure to follow the procedure set forth in the preceding sentence shall serve as sufficient reason for House of Heart Emporium to reject such claim without further liability.

8.9. You may close Your Account by notifying House of Heart Emporium via the House of Heart Emporium Online Store, or notifying us via emailing penny@houseofheart.co.za

8.10. We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith.

8.11. We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time, for promotional events and such changes are effective for the dates specified when we post such a promotion on this Site.

8.12 We reserve the right in our sole discretion to alter or remove any Services or withdraw any Services offered. In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.

8.13. Unless otherwise stated, all fees are quoted in South African Rands and are inclusive of VAT.

8.14. Users are given the right to sell items on this Site by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of House of Heart Emporium; we further reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.                

9. Defective items, returns and reimbursement

  1. If your customers are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, they may return it with packaging attached, and in same condition as they received it to House of Heart Emporium within 30 days of delivery, by the same delivery method which the parcel was received. If they are based in South Africa, they will either receive a House of Heart Emporium account credit or a refund, or have the product repaired or replaced, depending on the situation, and you agree to incur the costs for return and resending.
  2. In the case of a damaged or incorrect item having been delivered, House of Heart Emporium will evaluate each case and issue a refund upon proof of the damaged/incorrect item.

 10. Sales records

Complete records of each transaction between you and House of Heart Emporium are kept on the site for 12 months after a particular purchase or related transaction. During this time, you'll be able to view and print out these records. After the 12-month period the responsibility of keeping such record falls onto you.

  1. Fraud
  1. House of Heart Emporium reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
  2. House of Heart Emporium may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
  3. In the event of a fraudulent purchase or goods being being placed on House of Heart Emporium online store, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. House of Heart Emporium does not process refunds for orders suspected of fraud.
  4. House of Heart Emporium does not provide order details relating to orders suspected of fraud.
  5. House of Heart Emporium will not tolerate any stallholders attempting to defraud their customers in anyway and will suspend any account suspected of so doing and prosecute such stallholder to the full extent of the law.


12. PRICING

  1. The pricing you as the stallholder place on your products should include the fee commission that House of Heart Emporium deducts before we process your payment.
  2. The price you charge on your goods, may not be less than that of the items you sell in the physical House of Heart Emporium Shops at Dunrobin Garden Centre or at Tweedie Junction.