Terms and Conditions
TERMS OF SERVICE FOR USE OF ONLINE SHOPPERS
GENERAL INFORMATION
This web site is operated by Arehandmade. Throughout the site, the terms "we", "us", "us" and "our" refer to Arehandmade. Arehandmade offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you participate in our "Service" and agree to the following terms and conditions ("Terms of Service", "Terms"), including all additional terms and conditions and policies referenced herein and/or available through hyperlinks. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, suppliers, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to the Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use any of the services. If the Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform, which allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit worms, viruses or any code of a destructive nature.
Failure to comply with or breach of any of these Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including your credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform or adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer across networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We shall not be liable if the information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without first consulting more accurate, complete or timely information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - SERVICE AND PRICE MODIFICATIONS
Prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of the content) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be subject to return or exchange in accordance with our return policy only.
We have made every effort to display the colors and images of our products, in the store, as accurately as possible. We cannot guarantee that your computer monitor will display colors accurately.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.
In the event we make a change to or cancel an order, we may attempt to notify you by contacting us via email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information used for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
For more details, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or relating to your use of tools provided by third parties.
Any use you make of optional tools offered through the Site is at your own risk and discretion and you should ensure that you are familiar with and approve of the terms under which these tools are provided by the third party provider(s).
We may also, in the future, offer you new services and/or features through the site (including, the release of new tools and resources). These new features and/or services will also be subject to these Terms of Service.
We may, but have no obligation to, monitor, edit or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, defamatory, pornographic, obscene or objectionable or violates any party's intellectual property or the Terms of Service.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, use an identity other than a legitimate one, or otherwise mislead third parties or us as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability with respect to comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit time and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order) .
We undertake no obligation to update, correct or clarify any information on the Service or any related website, including, without limitation, pricing information, except as required by law. No updated specification or update date applied on the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any regulations, rules, international, federal, provincial or state laws, or local ordinances; (d) to infringe or violate our or any third party's intellectual property right; (e) to harass, abuse, insult, harm, defame, libel, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other malicious code that is or may be used in any way that may compromise the functionality or operation of the Service or any related website, other sites or the Internet; (h) to collect or track personal information from others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other sites or the Internet. We reserve the right to suspend your use of the Service or any related website for violating any of the prohibited uses items.
SECTION 13 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant or guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice.
You expressly agree that your use of, or the possibility of using, the service is at your own risk. The service and all products and services provided through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Arehandmade, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages, losses, claims, or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of the use of any of the services or products purchased through the service, or for any other claim related in any way to the use of the service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Arehandmade and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of the Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be effective to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination shall not affect the validity of enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.
If in our judgment, you fail, or are suspected of having failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting group.
SECTION 18 - LAW
These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of County New Castle, County New Castle, AL, 40050, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at general@areHandmade.com
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TERMS OF SERVICE FOR CRAFTERS/SELLERS/SME'S
LOGISTICS SERVICES AND SYSTEMS USAGE AGREEMENT
Between: The seller, The Agent, The academy or the SME, hereinafter referred to as "The SME." And Arehandamde precenter, hereinafter referred to as Fullfilment center located at 35 Salem Church
FIRST: PURPOSE OF THE CONTRACT
The purpose of this contract is to provide logistics services of last mille and grant the use of related computer systems, enabling The SME to manage and operate its supply chain, including but not limited to storage, transportation, distribution, and inventory management.
SECOND: SCOPE OF SERVICES
- Storage Services: Fullfilment center commits to receiving, storing, and managing The SME's inventory at its facilities, ensuring appropriate security and preservation conditions.
- Transportation Services: Fullfilment center will be responsible for negotiating local transportation and distribution rates for The SME’s products, ensuring bulk consolidation and delivery within the agreed timelines and conditions to the carrier.
- Management Systems: Fullfilment center will provide access to its Warehouse Management System (WMS) and other related systems, allowing The SME to monitor in real time the status of its commercial listings, inventory, and logistical operations.
- Additional Services: Any other service requested by The SME and accepted by Fullfilment center will be described in additional appendices to this contract.
THIRD: OBLIGATIONS OF THE PARTIES
- Obligations of Fullfilment center:
- Ensure the proper provision of storage, transportation, and system usage services.
- Maintain the confidentiality of The SME’s information.
- Provide uninterrupted access to the systems during the established operating hours.
- Obligations of The SME:
- Pay for the services as stipulated in this contract.
- Provide accurate and timely information for the proper provision of the services.
- Comply with the policies and procedures established by Fullfilment center.
FOURTH: ECONOMIC CONDITIONS
- Service Fees:
The 2023-2024 rates will only be valid for SMEs registered before August 31, 2024, and charges under these rates will apply only until December 31, 2024. For companies registered after August 31, 2024, the 2024-2025 rates will apply starting from the date of their registration
Finally, all SMEs as of January 1, 2025, will be subject to the 2024-2025 rates published in the rates section on web, seccition Rates & Fees - Precenter Arehandmade - 2024 to 2025 – areHandmade
The rates 2023-2024 are:
FBA Fees
Preparation Service
- Includes: Receipt of product, free storage for 20 days, UPC verification, quality control, photo evidence of newness, label removal, regular bagging, and Amazon labeling.
Part 1: Units Prepared
- Before 64 full items: $1.40 per unit
- Since 65 full items: $1.10 per unit
- Additional units (second unit in a pack): $0.82 per unit
Part 2: Dispatches
- Before 4 dispatches: $1.00 per dispatch
- Since 5 dispatches: $0.80 per dispatch
Part 3: Packaging Materials
- Clear bubble punches: $0.75
- Bubble envelope: $0.85
Dispatch Fees (per box)
- Small box: $1.00
- Medium box: $1.50
- Large box: $2.80
- X-Large box: $3.55
Example Calculation:
- Part A: 30 units x $1.40 = $42
- Part B: 1 box x $1 = $1
- Part C: XL box (28x18x18 inches) = $3.50
- Total: $46.5
- Average per item: $1.55
Thermal Materials
Foam Containers
- Small (7x6x6): $2.50
- Medium (10x6x7): $5.50
- Large (10x9x8): $8.80
Dry Ice
- Sheet (6x7 inches / 72 hours): $1.32
- Sheet (6x7 inches / 48 hours): $0.90
Insulated Bag
- Small (7x6): $0.99
- Medium (9x6x7): $1.28
- Large (13x7x12): $2.99
FBM Fees
Traditional Preparation
- Before 8:30 am: Dispatch next business day - $1.99
- After 8:30 am: Dispatch 2 business days later - $1.99
Express Preparation (Same Day)
- If the courier hasn't picked up yet: $2.99
- If the courier has picked up: Next day - $2.99
Pick Up / Return and/or Delivery in Store (RDE)
Pick Up in Store
- Full rate + (number of items picked up x Fee RDE of item)
Returns in Store
- Part 1: Return's preparation = number of items x Fee preparation return
- Part 2: Returns in store = Full rate + number of return items x Fee RDE of item
- Full rate: $8.50 + items
Warehouse Schedule vs. Seller's Schedule
- Up to 50 items: $1.65 vs. $2.65
- 51 to 200 items: $1.30 vs. $2.30
- 201+ items: $1.00 vs. $2.00
Automation and Platform Management Service
FBA
- Creation of listings, shipment creation, generation of shipment labels: $11.99 (first 50 items) + $3.99 (per additional 30 items)
FBM (Monthly Orders)
- Up to 50 orders: $19.99 + $1.30 per additional order
- 51-100 orders: $59.00 + $0.99 per additional order
- 101-250 orders: $89.99 + $0.79 per additional order
- 251+ orders: $119.99 + $0.59 per additional order
Rent Monthly Residential Address
- Basic monthly rent: $40 per month
- Product transfer management: $1
Other Services
- Express entry (same day): $0.59 per package + $1.00 per item
- Fraction of storage (20 days): $0.45 per current item, $1.00 per box of shoes, $1.25 per refrigerated item, $1.45 per frozen item
- Additional items (FBA/FBM): $0.82
- Photos (non-professional): $1.20
- Invoice: $0.59
- Special reinstatements and overhauls: $0.57 per item
- Returns & devolutions: $1.99 + packing material
Management Systems
- The SME acknowledges and understands that services must be scheduled exclusively by itself or its representative. To this end, it will have access to the open-source systems and managers at no cost: Deborah Manual, Deborah Automation, and Inventory.
- Billing and Payment: - Fullfilment center will issue two types of invoices: For scheduled monthly services or for immediate execution services. Both types of invoices must be paid no later than one day following the issue date. Items will only be dispatched once the invoice is paid. In case of a delay exceeding 20 days in invoice payment, The SME will owe a monthly interest of [6]% on overdue amounts plus a dispatch storage fee of $15. Items will continue to incur storage or prolonged storage fees if they exceed 60 days in the 3PL.
- Rate Review:Rates may be updated according to market needs. The center is committed to providing at least 62 days' notice and will give the SME the option, once the new rates are communicated, to withdraw, prepare, or execute services under the old rates for existing merchandise until the 62-day period is fulfilled
FIFTH: MANAGEMENT OF THIRD PARTIES, AGENCIES, ASSISTANTS, AND/OR ACADEMIES
The SME is fully and exclusively responsible for the accesses it delegates to its accounts. The SME releases the Fulfillment Center from any liability for decisions made by any third party representing it, including agencies, assistants, and academies. The SME understands and agrees that the Fulfillment Center will only contact the registered addresses and that it is the client's obligation and responsibility to ensure that their agency and/or intermediary keeps them informed.
Regarding the cancellation of associated accounts, the agency, assistant, academy, or any third party must adhere to the established security measures. Merchandise will only be sent to the addresses registered in the service contracts to ensure the safety of third parties and the represented entities.
SIXTH: MAXIMUM STORAGE TIME
- Maximum Storage Term: The first 20 days, items will not incur storage fees. After that, The SME will pay the corresponding fee every 20 days or fraction per item. Items that exceed 60 days in the 3PL are considered prolonged storage.
- The SME's goods may not remain at Fullfilment center's facilities for more than 180 days, unless otherwise agreed upon in writing.
- If this period is exceeded, The SME authorizes Fullfilment center to take the necessary actions to remove or dispose of the goods.
- Additional Charges for Exceeding the Maximum Term:
- If the goods are not removed within the maximum term of 180 days, Fullfilment center will apply an additional charge since 300% normal fee per item for every 20 days of storage or fraction thereof.
SEVENTH: MERCHANDISE WITHDRAWAL POLICY
Merchandise may be withdrawn by unilateral decision of either party. If the SME decides to withdraw the merchandise, the following steps must be followed:
Withdrawal Request:The SME must request the withdrawal process using the information management form provided.
Provision of Shipping Labels: The SME must provide all necessary shipping labels. Label purchase services are not offered for accounts in the cancellation process.
Withdrawal Address:The merchandise must be withdrawn to:
- An industrial warehouse.
- Recognized eCommerce warehouses and storage facilities.
- The main registered address on the SME’s website.
- Either through physical withdrawal by the legal representative of the SME at the precenter’s facilities or
- With a letter sent via certified mail authorizing the withdrawal of the merchandise to the corresponding address and releasing the precenter from any liability.
Unilateral Cancellation by the Center: The center may unilaterally cancel the account. In this case, it must inform the SME via email and/or certified mail, providing the SME with the option to either withdraw the merchandise or dispose of it.
Conditions for Withdrawal:For any circumstances, all services must be paid in full before products are withdrawn, including storage and extended storage costs. The center will prepare the withdrawal, notify the invoice, and give no more than 5 business days to confirm payment. Otherwise, the DISPOSAL OF MERCHANDISE process will be initiated according to Delaware state merchandise disposal law (insert relevant legal citation).
EIGHTH DISPOSAL OF MERCHANDISE
- Notification: If the merchandise exceeds the maximum storage period and The SME does not provide instructions for its removal or disposal, Fullfilment center reserves the right to dispose of the merchandise.
- Disposal Procedures:
- Disposal: Fullfilment center may proceed with the disposal of the merchandise through recycling, destruction, or any other legally permitted means, with prior written notice to The SME.
- Sale: If the merchandise has commercial value, Fullfilment center may choose to liquidate it through secondary markets, with prior notice to the SME. The merchandise may even be auctioned at below market value. Once the merchandise is sold, the outstanding balance will be paid to the precenter, and any remaining funds will be deposited into a secure American account for the legal representative of the SME to claim..
NINETH LIQUIDATION OF MERCHANDISE
- Sale of Merchandise: If the sale of the merchandise is chosen, Fullfilment center will manage the liquidation and transfer the amount obtained to The SME, minus incurred costs and any outstanding balance.
- Alternative Liquidation: If the merchandise is not sold within a reasonable Time, Fullfilment center may donate or recycle the merchandise, ensuring compliance with all applicable legal regulations.
- Debt Compensation: Fullfilment center may retain the funds obtained from the liquidation of the merchandise to offset any outstanding debts of The SME for services provided.
TENTH: APPLICABLE LAWS
- Regulatory Compliance: Fullfilment center agrees to comply with all applicable laws and regulations in the state of Delaware governing the provision of storage, transportation, and distribution services, as well as the use of logistical systems. This includes, but is not limited to:
- Occupational Safety and Health Regulations: Compliance with the standards established by the Delaware Occupational Safety and Health Administration (OSHA), including safety measures in storage facilities and during the transportation of goods.
- Environmental Regulations: Adoption of sustainable practices and compliance with state laws on waste and hazardous waste management, according to the Delaware Department of Natural Resources and Environmental Control (DNREC).
- Consumer Protection Laws: Compliance with Delaware consumer protection laws, ensuring proper management and custody of The SME’s merchandise.
- Commercial Contract Regulations: Adherence to Delaware commercial contract laws, including provisions of the Uniform Commercial Code (UCC) applicable to logistical operations.
- Licenses and Permits: Fullfilment center declares that it holds all necessary licenses and permits to operate as a logistics service provider in Delaware and commits to keeping them valid throughout the duration of this contract.
ELEVENTH: DURATION AND TERMINATION
Registration on our website and the prior activation of Deborah confirm that the SME acknowledges and agrees to our service policies, which are publicly available and readable in at least two languages. If these policies are modified, the SME will be entitled to prior notification.
- Duration: This contract will be effective for a period of 5 years, starting from the date of register on Deborah form.
- Early Termination: Either party may terminate this contract with cero days' notice, without any penalty.
- Breach: In case of a serious breach by either party, the other party may terminate the contract immediately, with prior written notice.
TWELFTH CONFIDENTIALITY
Both parties agree to maintain confidentiality during the term of the contract and for the four years following its termination regarding product references, commercial reviews, commercial information, service evaluations of the company, and any other information that may affect its image. If disclosure of such information is necessary, both parties must provide prior notice to the other party, including the date, time, type of message, and medium of publication. The publication must be made in a public and accessible medium, without personal references or private images. The statement must obligatorily allow the other party to respond promptly and effectively
THIRTEENTH APPLICABLE LAW AND JURISDICTION
This contract will be governed by the laws of the state of Delaware, and any disputes arising from it will be subject to the jurisdiction of the competent courts in [New Castle / Delaware].
FOURTEENTH: MODIFICATIONS
Any modifications must be publicly communicated by the center. The SME may reject the modifications and will have 62 days to close its account..
FIFTEENH: GENERAL PROVISIONS
This contract will be published on www.arehandmade.com within the service policies of Fullfilment center.