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Terms and Conditions
These terms and conditions are the contract between you and MadeMakers (“us”, “we”, etc). By visiting or using MadeMakers.com, you agree to be bound by them. Our sellers may also impose additional terms and conditions to which your contract with them will be subject.
“Content” means the textual, visual or aural content that is encountered as part of your experience on MadeMakers.com. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
“MadeMakers.com” means all of the hardware and software installation that enables MadeMakers.com to function.
“Post” means upload or place on or into MadeMakers.com any Content or material of any sort by any means.
“Product” means any item offered for sale on MadeMakers.com.
“Seller” means a person who offers a Product for sale on MadeMakers.com.
“Service” means any service we provide, whether through MadeMakers.com or otherwise.
2. Our contract
2.1 Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract.
2.2 MadeMakers is neither a buyer nor seller of Products offered for sale in any form. MadeMakers is never either a principal or agent in a buying transaction.
2.3 MadeMakers is a marketplace. We are agents of a Seller only in provision of this website as a platform for sale of his/her products and for collection and forwarding of your money.
2.4 We are not responsible to you further than the transaction between you and your seller.
2.5 We welcome any comment or complaint about a Seller, which you make through MadeMakers.com. We may act upon a complaint in our discretion, for the benefit of the body of MadeMakers users.
2.6 These terms and conditions regulate the business relationship between you and us. By using our website free of charge, you agree to be bound by them.
2.7 We provide a marketplace for the supply of Products. We are in no way responsible for:
2.7.1 your locating and ordering Products;
2.7.2 your choice of Products;
2.7.3 any aspect of the provision of the Products;
2.7.4 payment for any Product;
2.7.5 any complaint about any Product.
2.8 If you use this website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave the website.
2.9 In any dispute with a Seller, you should deal only with the Seller. We have neither legal status nor product information.
2.10 We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on MadeMakers.com at the time that the contract was made.
3. Your account and personal information
3.1 When you visit MadeMakers.com, you accept responsibility for all things done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3 You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4. The buying procedure
4.1 MadeMakers is not responsible for the fulfilment of your contract to buy a Product.
4.2 Prices listed on MadeMakers.com by Sellers are inclusive of any applicable sales tax.
4.3 Unless it is clear to the contrary, you may assume that every sale is made by a trader in the course of his business.
4.4 Products may be offered for sale subject to any discount or promotion arranged between MadeMakers and the Seller.
4.5 Subject to discounts and promotions, Products are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
4.6 Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
4.7 You are required to pay in the currency in which the item is listed for sale on MadeMakers.com.
4.8 Once you request a product, you have entered a legally binding contract to fulfil your payment to the seller.
4.9 You will be required to pay the seller via PayPal.
4.10 Every sale will be subject to the laws applicable but there shall not be implied any right which is not a legal right and which is not set down in this document.
4.11 For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
4.12 To make future use of MadeMakers.com easier and faster for you, we will retain the personal information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control and the information is given into a page which is in reality a page of our payment provider PayPal. For full information about personal information please see our privacy notice.
4.13 MadeMakers are just the intermediary between the buyer and the seller. We can not be held accountable or liable for and injury or crime permitted at a meet up. We are merely the introducer.
5. Security of your account
5.1 We take care to make MadeMakers.com safe for you to use. Payment must be made through PayPal. We have no access to any personal financial information.All payments and transactions are to be done securly through PayPal.
6. The MadeMakers promise
6.1 To give you the utmost confidence in the MadeMakers buying experience, we make the following promise:
6.2 If the Seller fails to supply an item to you for which you have paid for through paypal, or supplies an item which is substantially different from what you ordered, we will do our best to work with you promptly and diligently to help you resolve your dispute with the Seller.
6.3 If the above (6.2) occurs, you will be asked to open a dispute between you and the seller on PayPal’s website. Here is the link: https://www.paypal.com/uk/webapps/mpp/first-dispute
6.4 We cannot be held responsible for refunding. We have no obligation to pay money into your account by way of refund and we exclude any liability we may have to you for losses suffered or expenses incurred as a result of any failure of the Seller to supply an item for which you have paid or for supplying an item which is substantially different from what you ordered.
6.5 This promise is subject to the following conditions:
6.5.1 the claim form must be completed truthfully and accurately;
6.5.2 you must provide an address to us.
6.5.3 you must not have requested a charge back from your credit card company.
6.6 The guarantee set out in this paragraph is non contractual. We shall operate it at our entire discretion.
7. If you buy as a consumer
If you are a citizen of the European Union and you buy as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000, then:
7.1 if you cancel your contract within seven days of having made it, the Seller has a legal obligation to refund your payment in full.
8. Maintaining your personal information
8.1 You understand and agree that you alone are responsible for all of the information you submit to us and for maintaining it up to date.
8.2 So far as the information you submit for publication, it must be accurate and complete. It must not include information which might enable a user to contact you directly, such as a telephone number, email address, name or street address.
8.3 If or when you cancel your account, we will delete all your personal information and documents relating to you. We may also delete your information if you have not taken any active step for a period of at least 24 months.
8.4 We are not obliged to delete your personal information immediately.
9. How we handle your Content
9.2 If you Post Content to any public area of MadeMakers.com it becomes available to all the World. We have no control who sees it nor what anyone does with it.
9.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
9.4 You now irrevocably authorise us to publish feedback, comments and ratings about your activity through MadeMakers.com, even though it may be defamatory or critical.
9.5 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
9.6 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
9.7 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
9.8 Please notify us of any security breach or unauthorised use of your account.
10. Restrictions on what you may Post to Our Website
We invite you to Post Content to MadeMakers.com in several ways and for different purposes. We have to regulate your use of MadeMakers.com to protect our business and our staff, to protect other users of MadeMakers.com and to comply with the law. These provisions apply to all users of MadeMakers.com.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use MadeMakers.com to Post Content or undertake any activity which is or may:
10.1 be unlawful, or tend to incite another person to commit a crime;
10.2 consist in commercial audio, video or music files;
10.3 be obscene, offensive, threatening, violent, malicious or defamatory;
10.4 be sexually explicit or pornographic;
10.5 promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
10.6 be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
10.7 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
10.8 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
10.9 be made on behalf of some other person, or impersonate another person;
10.10 use a Posting to solicit responses unconnected with the purpose of MadeMakers.com or the terms proposed by this agreement;
10.11 request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
10.12 be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
10.13 facilitate the provision of unauthorised copies of another person’s copyright work;
10.14 link to any of the material specified in this paragraph;
10.15 promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms. Examples are: making or buying illegal weapons, stalking; providing computer viruses or distributing pirated media);
10.16 use distribution lists that include people who have not given specific permission to be included in such distribution process;
10.17 consist in posting excessive or repeated off-topic messages to any forum or group;
10.18 send age-inappropriate communications or Content to anyone under the age of 18.
11. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
11.1 any personal information including your name, contact details and addresses.
11.2 hyperlinks, other than those specifically authorised by us;
11.3 keywords or words repeated, which are irrelevant to the Content Posted.
11.4 the name, logo or trademark of any organisation other than yours.
11.5 inaccurate, false, or misleading information;
11.6 material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
12. Removal of offensive Content
12.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on MadeMakers.com for any purpose. 12.2 We are under no obligation to monitor or record the activity of any user of MadeMakers.com for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
12.2 If you are offended by any Content, the following procedure applies:
12.2.1 your claim or complaint must be submitted to us in the form available on MadeMakers.com, or contain the same information as that requested in our form. It must be sent to us by post or email.
12.2.2 we shall remove the offending Content as soon as we are reasonably able;
12.2.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
12.2.4 we may re-instate the Content about which you have complained or we may not.
12.3 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
12.4 you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
13. Security of Our Website
We may, at our discretion or as part of a paid Service, give you permission to access MadeMakers.com for the purpose of Posting or uploading Content of some sort. We may read, assess, review or moderate any Content Posted on MadeMakers.com. If we do, we need not notify you or give you a reason.
If you violate MadeMakers.com or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
13.1 modify, copy, or cause damage or unintended effect to any portion of MadeMakers.com, or any software used within it.
13.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
13.3 download any part of MadeMakers.com, without our express written consent;
13.4 collect or use any product listings, descriptions, or prices;
13.5 collect or use any information obtained from or about MadeMakers.com or the Content except as intended by this agreement;
13.6 aggregate, copy or duplicate in any manner any of the Content or information available from MadeMakers.com, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
13.7 for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
13.8 use MadeMakers.com to hack into the computer of any other person or make contact with any other computer;
13.9 make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
13.10 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
13.11 upload or republish any part of our Content on any Internet, intranet or extranet site.
13.12 hide or remove the banner advertisements on any page of MadeMakers.com;
13.13 share with a third party any login credentials to MadeMakers.com;
13.14 use on MadeMakers.com software which assists in:
13.14.1 data mining, extraction or collection;
13.14.2 emulating, hacking, password cracking, IP spoofing or over-loading MadeMakers.com;
13.14.3 “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
13.14.4 performing any automated operation;
13.15 Despite the above terms, we now grant a licence to you to:
13.15.1 create a hyperlink to MadeMakers.com for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
13.15.2 you may copy the text of any page for your personal use in connection with the purpose of MadeMakers.com or a Service we provide.
14. Copyright and Other Intellectual Property Rights
14.1 All Content on the website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
14.2 You may not copy, or in any way exploit any of the Content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
15. Interruption to the MadeMakers Service
15.1 We give no warranty that the MadeMakers Service will be satisfactory to you.
15.2 We will do all we can to maintain access to MadeMakers.com, but it may be necessary for us to suspend all or part of our MadeMakers Service for repairs, maintenance or other reason. We may do so without telling you first.
15.3 You acknowledge that our MadeMakers Service may also be interrupted for reasons beyond our control.
15.4 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our MadeMakers Service.
16. Our disclaimers
16.1 MadeMakers.com contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
16.2 Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
16.3 We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of MadeMakers.com.
16.4 The MadeMakers website and MadeMakers Services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
16.4.1 of satisfactory quality;
16.4.2 fit for a particular purpose;
16.4.3 available or accessible, without interruption, or without error;
16.5 So far as concerns goods you buy through MadeMakers.com, we are not liable for:
16.5.1 any goods or product or service complying with the requirement of any law or being available;
16.5.2 the Seller performing his contract;
16.6 Because we are not the agent or either Seller or buyer, you now release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.
17. Miscellaneous matters
17.1 No amendment or variation to this agreement is valid unless in writing, signed by each of us or by our respective authorised representative.
17.2 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.3 For the purposes of the Data Protection Act 1998 you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us [and/or any agent or third party nominated by us] [and bound by a duty of confidentiality]. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
17.4 If you are in breach of any term of this agreement, we may:
17.4.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
17.4.2 terminate your account and refuse access to MadeMakers.com;
17.4.3 remove or edit Content, or cancel any order at our discretion;
17.4.4 issue a claim in any court.
17.5 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
17.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
17.7 When you visit MadeMakers.com or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on MadeMakers.com. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
17.8 Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by fax to the correct number: within 24 hours;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message]
17.9 In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17.10 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
17.11 We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, [including any labour dispute].
17.12 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
17.13 This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
17.14 The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in [England and Wales / Scotland / Northern Ireland].