TERMS OF SERVICE
Welcome to Mestiere. We operate a global online marketplace and project management platform (the “Platform”) that facilitates connections between manufacturers (“Manufacturers”) and designers, architects, and other customers (“Customers”). Our Platform allows Customers and Manufacturers to collaborate for the purchase of bespoke products, custom furniture projects, and other items (“Products”). These Terms of Service (“Terms”) apply to your access to and use of the Platform, website, and other online products and services (collectively, our “Services”) provided by Mestiere Corp. (“Mestiere”) or (“we” or “us”), and they include our Customer Terms, and Manufacturer Policy.
TERMS OF SERVICE
Welcome to Mestiere. We operate a global online marketplace and project management platform (the "Platform") that facilitates connections between manufacturers ("Manufacturers") and designers, architects, and other customers ("Customers"). Our Platform allows Customers and Manufacturers to collaborate for the purchase of bespoke products, custom furniture projects, and other items ("Products"). These Terms of Service ("Terms") apply to your access to and use of the Platform, website, and other online products and services (collectively, our "Services") provided by Mestiere Corp. ("Mestiere") or ("we" or "us"), and they include our Customer Terms, and Manufacturer Policy.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 18, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 18.
By accessing or using our Services, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms in their entirety, do not use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at clara@mestiere.io.
1. Privacy
For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy.
2. Eligibility
You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where we have determined, at our discretion, to prohibit use of the Services. We may implement controls to restrict access to the Services from any such jurisdiction You will comply with this paragraph even if our methods to prevent use of the Services are not effective or can be bypassed.
3. User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
4. User Content
Definition and Ownership
Our Services may allow you and other users to create, post, store and share content, including messages, comments, pages, stories, text, photos, graphics, videos, works of authorship, software, music, sound, links and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in your User Content, as between you and us.
License
You grant us and our subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness embodied in or provided in connection with your User Content, and in all media formats and channels now known or later developed without compensation to you. Depending on your account settings, when you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
Your Obligations
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice. To learn more about parental control protections (such as computer hardware, software or filtering services) that may assist you in limiting your minor's access to certain content, visit https://www.fbi.gov/resources/parents.
Waiver of Responsibility and Liability
We take no responsibility and assume no liability for any User Content posted, stored, uploaded, accessed or downloaded by you or any third party, or for any loss or damage thereto, incomplete or inaccurate User Content, or for any user conduct, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by our users in any public forum or other area. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on our Services at any time and for any reason without notice.
5. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In addition, you will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user's account without authorization from that user and us;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell or resell our Services;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party's consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose us or others to any harm or liability of any type.
Enforcement of this Section 5 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
6. Ownership; Limited License
Our Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of our Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will terminate this license and violate our intellectual property rights.
7. Trademarks
Mestiere™ and our logos, our product or service names, our slogans and the look and feel of our Services are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
8. Feedback
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. In addition, you waive any so-called "moral rights" or rights of privacy or publicity in the Feedback. You understand that we may treat Feedback as nonconfidential.
9. Payments
We use Stripe and Shopify as our payment processors. For any payments made through the Services, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A SUBSCRIPTION SERVICE. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating payment transactions for the Subscription Service. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Subscription Services. If you would like to pay via a different payment method (e.g. bank wire) please contact concierge@mestiere.io and provide the order information prior to submitting final approval.
10. Support
We are under no obligation to provide support for the Services. Instances where we may offer support, the support will be subject to published policies. Support is conducted through concierge@mestiere.io
11. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our designated agent as follows:
Designated Agent: Clara Viale
Address: 155 E 31st Street, #3
Telephone Number: 5413015021
E-Mail Address: clara@mestiere.io
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.
12. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
13. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Mestiere Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to cooperate with Mestiere Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Mestiere Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Mestiere Parties.
14. Disclaimers
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While we attempt to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of our Services.
15. Limitation of Liability
To the fullest extent permitted by applicable law, we and the other Mestiere Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if we or the other Mestiere Parties have been advised of the possibility of such damages.
The total liability of us and the other Mestiere Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services.
The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of us or the other Mestiere Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
16. Releases
User Content Release
Except where prohibited by applicable law, by submitting User Content to us, you are waiving and agreeing not to assert any copyrights or "moral" rights or claim resulting from our alteration of the User Content. You hereby release and discharge us and our agents, employees and assigns, and anyone acting under their authorization, from any claims that use of any User Content as authorized herein violates any of your rights, including without limitation any rights of publicity or privacy and intellectual property rights. You understand that you will not be entitled to any additional compensation for the permission and release granted herein or for the use of any of User Content as authorized herein.
General Release
To the fullest extent permitted by applicable law, you release us and the other Mestiere Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
17. Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
18. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions
You and Mestiere agree that any dispute arising out of or related to these Terms or our Services is personal to you and Mestiere and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes
Except for small claims disputes in which you or Mestiere seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Mestiere seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Mestiere waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against us or relating in any way to our Services, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to us by email at concierge@mestiere.io or by certified mail addressed to 155 E 31st Street #3N New York, NY 10016. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Mestiere cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court.
All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York City, New York or may be conducted telephonically or via video conference for disputes alleging damages less than $100, in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Mestiere agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Mestiere, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Mestiere agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by Mestiere, we will pay all JAMS fees and costs. You and Mestiere agree that the state or federal courts of the State of New York and the United States sitting in New York City, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Mestiere will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by sending an email to concierge@mestiere.io. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 19.
If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 18 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.
19. Governing Law and Venue
Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in New York City, New York.
20. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
21. Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
22. Miscellaneous
These Terms constitute the entire agreement between you and us relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 1, 3, 4, 6 (except for the license and rights granted), 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and this Section 22 survive any expiration or termination of these terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.
CUSTOMER TERMS
These Customer Terms are an addendum to the Terms and further govern your use of Services as a Customer. Capitalized terms used but not defined herein will have the meanings given to them in the Terms.
1. Mestiere as a Marketplace
By purchasing Products through our services, you understand that (i) you are not ordering Products directly from Mestiere, but from one (or more) of the Manufacturers on the Platform; each Manufacturer has their own processing times, shipping methods, and purchasing policies; and you assume responsibility if you provide your own materials for a custom order.
2. Purchasing Products on Mestiere
To place an order for one or more Products, fill out the online order form or request for quote ("Order Form") and submit it by following the instructions on the Platform. Please carefully review all information before submitting an Order Form. We reserve the right to suspend or terminate your access or use of our Services for submitting excessive incomplete Order Forms or excessively refusing to approve final quotes. For example, if you submit too many incomplete order forms or refuse to approval final quotes too frequently, then we may restrict your ability to order Products.
Manufacturers may reject an order if it is incomplete or incorrect, or if the Products ordered are no longer available. In such cases, Manufacturer will inform you before accepting the order that the Order Form is rejected.
If the Manufacturer accepts your order, and you provide final approval of the product(s) within the platform and pay the initial payment, we will send you a confirmation email containing the ordered Product(s), initial specifications (e.g., color, dimensions, materials, etc.), estimated completion date, and shipment method and the approval will be downloadable within the platform. We recommend keeping this confirmation email for your records.
You may cancel an order within twenty-four (24) hours from your receipt of the confirmation email associated with that order (the "Cancellation Period"), by emailing concierge@mestiere.io or requesting directly through the platform. After the Cancellation Period, only Manufacturers may cancel transactions. Customer may request that a Manufacturer cancel an order via the Platform.
While Manufacturers make commercially reasonable efforts to provide accurate visual representations, Mestiere cannot guarantee the exactness of such visual representation with the actual Product delivered to you. The Product's appearance may differ due to the quality of the internet browser or discoloration on the Customer's screen, amongst other reasons.
3. Pricing and Charges
You will be charged a 50% deposit of the price displayed on the Platform for the applicable Product ("Product Price"), at the time of order, unless the Product is immediately available to ship. If the Product is immediately available to ship, you will be charged the full Purchase Price, including applicable taxes, shipping, and handling fees. Prices are subject to change and may be revised from time to time. It is your responsibility to check the price on the Platform before submitting and Order Form.
Upon approval of an Order Form, you will pay 50% of the Purchase Price including any applicable taxes, shipping, and handling fees. Prior to the shipment of the Product, you will be charged pay the remainder of the Purchase Price, including applicable taxes, shipping, and handling fees (unless otherwise stated on the Order Form). Delivery of the Products will not be made until we have received payment in full of the purchase price and all applicable charges.
4. Shipping and Delivery of the Products
Products will be delivered to the address you provided on the Order Form. You will be responsible for shipping costs and must report any loss or damage that occurs during shipping immediately. You are responsible for any loss or damage that occurs during shipping by a carrier selected by you (e.g., air or freight).
Shipping dates are estimates based on Manufacturer's capacity and scheduling, and may be revised by Manufacturer. All shipping dates are approximate.
Mestiere will not incur any obligation or liability to you for failure to deliver by any particular date.
At the time of delivery, you must verify (a) that the number of items being delivered corresponds to your order; and (b) that the packaging and its seals are intact, undamaged, not wet or altered in any manner. Any damages to the packaging or Product, or discrepancies in the number of items must be immediately indicated in writing on the carrier's delivery note.
5. Reporting a Problem with an Order
You may initiate a request for return of the Product if (a) the Product is damaged, (b) the Product and shipping package have been damaged, (c) the Product is missing parts or accessories, or (d) the Product is defective (collectively the "Non-Conforming Product(s)").
To be eligible for a request for return, you must examine the shipment upon delivery to determine whether any item or items included in the shipment are a Non-Conforming Product. We must be informed of any Non-Conforming Products in writing (including any evidence to support your claim) within three (3) business days of receipt (the "Notice Period").
In the event that you fail to notify us in writing within the Notice Period, of a Non-Conforming Product, we will not, and the Manufacturer will not, have any obligation to replace the Product or accept the return.
We will investigate you claim of the Non-Conforming Product, and inform you of our findings.
Unless notice is given as provided in this section, you will have been deemed to have accepted such Products and to have waived all claims for a Non-Conforming Product. Failure to make a claim according to this section will constitute an irrevocable acceptance of the Products by you.
6. Communicating on the Platform
The Mestiere Platform gives you the ability to communicate directly with our Manufacturers. Communications on the Platform may not be used for the following activities, (a) sending unsolicited advertising or promotions, requests for donations, or spam, (b) harassing or abusing another user, (c) contacting someone after they have explicitly asked you not to, interfering with a transaction or the business of another user, or exchanging personal contact, financial or other information for the purposes of making an off-Platform transaction, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc.
7. Off-Platform Transactions
Taking communications and transactions off-Platform is not allowed. A transaction initiated on the Platform may not be completed off of the Services.
MANUFACTURER POLICY
This Manufacturer Policy is an addendum to the Terms and further govern your use of Services as a Manufacturer. Capitalized terms used but not defined herein will have the meanings given to them in the Terms.
1. General
By selling on the Platform, you agree to:
- Honor your shipping and processing times. Manufacturers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country.
- Respond to messages from Customers in a timely manner.
- Honor the commitments you make to Customers in your profile.
- Be transparent about how your Products are made and where your materials come from.
2. Product Listings
All listings must offer an item for sale (each a "Listing"). Dropshipping and reselling are not allowed on the Platform.
You may submit Products on your profile by emailing concierge@mestiere.io. Mestiere will review and approve or reject the Product within five (5) business days of submission. Upon approval, Mestiere will publish a Listing for the Product on the Platform.
By listing a Product for sale on Mestiere you understand and agree that you are responsible for complying with all applicable laws and regulations for the Products, including any required labels and warnings. Mestiere assumes no responsibility for the accuracy, labeling, or content of your listings.
3. Managing Customer Orders
You agree to review and respond to Order Forms submitted by customers within three (3) business days of receiving the Order Form. You must verify all information on the Order Form for accuracy and completeness before confirming acceptance.
You may reject or request revisions to any Order Form that is incomplete, contains incorrect information, or includes Products that are no longer available. In such cases, then you must notify the us and the Customer promptly, and no later than three (3] business days, of the rejection and provide the reason for rejection.
Once an Order Form is accepted by both parties, you are obligated to fulfill the order in compliance with the terms outlined in the Order Form the Terms (including this Manufacturer Policy), and any other agreement between you and Mestiere.
You agree to fulfill all accepted Order Forms in a timely and professional manner, ensuring that Products meet the quality and specification standards required by the Customer. Non-fulfillment of accepted orders may result in penalties or termination of your access to the Platform.
4. Communicating on the Platform
The Mestiere Platform gives you the ability to communicate directly with Customers. Communications on the Platform may not be used for the following activities, (a) sending unsolicited advertising or promotions, requests for donations, or spam, (b) harassing or abusing another user, (c) contacting someone after they have explicitly asked you not to, interfering with a transaction or the business of another user, or exchanging personal contact, financial or other information for the purposes of making an off-Platform transaction, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc.
5. Off-Platform Transactions
Taking communications and transactions off-Platform is not allowed. A transaction initiated on the Platform may not be completed off of the Services. The price stated in each listing description must be an accurate representation of the sale. Manufacturer may not alter the item's price after a sale for the purpose of avoiding Measure transaction fees, misrepresent the item's location, or use another user's account without permission.