Our Terms & Policies
You and Artisna are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.* By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users such as vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Important Notice: If you have any questions, please refer to the Help section of the Site.
Artisna.com functions as a venue that allows its users (who comply with Artisna's policies) to offer, sell and buy certain goods on a fixed-price format. We (Artisna) are not directly involved in the transaction between buyers and sellers. As a result, we (or Artisna) have no control over the:
- Morality or legality of any aspect of the items listed,
- The truth or accuracy of the listings,
- The ability of sellers to sell items or
- The ability of buyers to pay for items.
Artisna does not pre-screen users (except for services that require an application) or the content or information provided by users. We also cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we (at Artisna.com) do not transfer legal ownership of items from the seller to the buyer.
Artisna cannot guarantee the:
- True identity,
- And nationality of a user.
Artisna encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that Artisna is a venue and as such is not responsible or liable for any content such as:
- Items, and
- Links posted by you, other users, or outside parties on Artisna
Important Notice: You use this service at your own risk.
Artisna's services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Artisna may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Artisna's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
- You agree to comply with all local laws regarding online conduct and acceptable content
- You are responsible for all applicable taxes
- In addition, you must abide by Artisna's policies as stated in the Agreement and the Artisna policy documents listed below (if applicable to your activities or on use of the Services)
- You are required to follow all other operating rules, policies and procedures that may be published from time to time on the Site
- In addition, some services offered by Artisna may be subject to additional terms and conditions circulated by Artisna from time to time
Important Notice: Your use of such services is subject to those additional terms and conditions as well, which are incorporated into this Agreement by the above mentioned reference. Each and every rule and policy which is incorporated herein may be updated by Artisna from time to time without any prior notice.
Password: It is advised to keep your password secure and maintain confidentiality of your account. In the event of not being able to do so:
- You are fully responsible for all activity, liability and damage resulting from it.
- You agree to immediately notify Artisna of any unauthorized use of your password or any breach of security.
- You also agree that Artisna cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
- You agree not to provide your username and password information in combination to any other party other than Artisna without our express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times. That may include a
- Valid email address,
- A valid and functional payment method,
- Information such as credit card details or a valid PayPal account, etc.
Account Transfer: You may not transfer or sell your Artisna account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Artisna's services are not available to temporarily or indefinitely suspended Artisna members. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Artisna reserves the right to refuse service to anyone, for any reason, at any time.
- As a seller, joining and setting up a shop on Artisna is free (excluding additional sales channels on Artisna that may have separate fees).
- The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.
- If Artisna terminates a listing or your account or if you close your account or if the payment of your Artisna fees cannot be completed for any reason, you remain obligated to pay us for all unpaid fees plus any penalties, if applicable.
- If the seller's account is not paid in full and becomes past due, they would risk penalties such as suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
- All listings made on Artisna by the seller must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Artisna's published policies.
- You also warrant that you may legally sell the item.
- As a seller you are expected to accurately describe your item and all terms of sale in your Artisna shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
- All items for sale must be listed in the appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
- If the "in stock" quantity is more than one, the seller is required to maintain all items in that listing identical to one another.
- Each unique item must have its own listing.
- All sellers are requested to outline shop policies for their Artisna shop. These policies may include shipping, returns, payment and selling policies and the sellers are responsible for enforcing them.
- They are required to keep their policies reasonable and flexible in good faith and abide by them at all times. Sellers are responsible for enforcing their own reasonable shop policies.
- All their shop policies must comply with Artisna's site-wide policies. Artisna reserves the right to request that a seller modify a shop policy.
- The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as:
- Buyer fails to meet the terms of the seller's listing (such as payment method),
- Seller cannot authenticate the buyer's identity.
- Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items.
- They may not charge excessive shipping fees or otherwise avoid fees.
- As a seller you may also:
- Not alter the item's price after a sale for the purpose of avoiding Artisna transaction fees,
- Or misrepresent the item's location,
- Or use another user's account without permission.
The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
- Not alter the item's price after a sale for the purpose of avoiding Artisna transaction fees,
- As a buyer, you are required to comply with Artisna's product and shop policies listed herein.
- The fixed-price format is applicable to all users unless specified by the seller in the form of sale, rebates, offers and/or discounts, which will then be applicable to all buyers alike.
- Buyers are also informed again that Artisna.com is not directly involved in the transaction between you (buyer) and the seller.
- Every buyer is required to make a careful assessment of their ability to pay for the product and only then make a purchase.
- You are required to read the product descriptions thoroughly before making a purchase.
- You are obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
- All sales are binding and you are required to meet with the seller’s listing and payment methods.
- Buyers are expected to authenticate their identity in order to complete every transaction.
Artisna.com is a venue for buyers and sellers as well as an online community of likeminded people. Therefore, there are certain guidelines that you have to follow to ascertain that your content is not considered questionable and offensive in any way.
You are solely responsible for your conduct and activities on and regarding to Artisna and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on our site.
- Users may use the Services to arrange, host and attend online or in-person meetings or events ("Meetings") with one or more individuals.
- As a member of the community you are required to comply with Artisna's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs.
- Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person.
- Artisna is not responsible for and does not supervise or control Meetings, user-initiated online or offline gatherings, or interactions among and between users and other persons or companies.
- Users are solely responsible for interactions with others. You understand and agree that Artisna does not in any way screen its users.
- You also agree to exercise caution and good judgment in all interactions with others, particularly if the meeting is offline or in person.
- Some user-generated communities or groups on Artisna may require or request you to pay fees in order to be their member, participate in a promotion, or participate in the meet.
- Take notice that Artisna is NOT involved in the transactions, payments or their processing. The payment does NOT go to Artisna.
- This money is separate from any fees or charges assessed by Artisna, and we have no control over the money, user-generated groups, promotions, meets, or the leader of the group in connection with its use.
- You acknowledge and agree that Artisna is NEITHER involved NOR a party in any payment, transaction or interaction between or among user-generated groups, Artisna users and/or third parties (together a "third party transaction").
- You as a community member bear all risk associated with your third party transactions. Users should use common sense and be careful in deciding whether or not to contribute on a monetary level.
- Artisna.com protects user information against theft, unauthorized use or misuse and misinterpretation.
- Artisna stores and processes content on computers located in the United States that are well encrypted and immune to breach practices.
Copyright & Licenses
- Artisna does not claim any right of ownership on the content provided by its users.
- As users you grant a license solely to enable Artisna to use any information or content supplied by you.
- Artisna is not violating any rights the users might have in that content.
- We have a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) in your content but no other.
- All these rights are facilitated by the users and hold relevance in all and any media now known or not currently known, with respect to your content.
- You agree to allow Artisna to store, translate, or re-format your content on its web pages and display it in any way we choose to.
- As part of a transaction, you may obtain personal information, including email address and shipping information, from another Artisna user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Artisna-related communications.
- We DO NOT grant you a license to use this information for unsolicited commercial messages or unauthorized transactions.
- Artisna does not control the content provided by users that is made available on our site.
- You may find some content to be offensive, harmful, inaccurate, or deceptive.
- There are also risks of dealing with underage persons or people acting under false pretense.
- Additionally, there may also be risks dealing with international trade and foreign nationals.
- By using Artisna, you agree to accept such risks and that Artisna (and Artisna's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on the site. Please use caution, common sense, and practice safe buying and selling when using our venue.
- Artisna is not responsible for the availability of outside websites or resources linked to or referenced on the Site.
- We DO NOT endorse and are NOT responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.
- You agree that Artisna shall NOT be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Joining and setting up a shop on Artisna is free (excluding additional sales channels on Artisna that may have separate fees). We charge fee for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item, you have an opportunity to review and accept the fee that you will be charged and decide if you would like your listings to be automatically renewed.
Important Notice : Artisna has made membership free of cost for the first year for every seller that wishes to set up a shop with us.
Artisna's Fees Policy
- Our fee policy is incorporated into this Agreement by reference and is subject to change.
- Any such changes to the policy and the fee for our services will be effective after Artisna provides you with at least fourteen (14) days' notice by posting the changes on the Site.
- Artisna may choose to temporarily change the fee policy and the fee amount for its services for promotional events (for example free listing days); such changes will be effective the moment Artisna posts the temporary promotional event on the Site.
- Artisna may, at its sole discretion, change some or all of its services at any time.
- In the event of introducing a new service, the fee for it will be effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD)
- In certain situations, including but not limited to a void or invalid transaction, Artisna may issue a credit for the applicable fees to a seller's billing statement.
- As a user you are responsible for paying all fees and applicable taxes associated with using Artisna. We provide plans for both automatic and manual bill payment as outlined herein. Artisna will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.
- If Artisna terminates a listing or your account, if you close your account, or if the payment of your Artisna fees cannot be completed for any reason, you remain obligated to pay Artisna for all unpaid fees plus any penalties, if applicable.
- If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Artisna.
Trademark & Intellectual Property Guidelines
- All of Artisna’s intellectual property, i.e. Artisna graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Artisna, Inc. in the U.S. and/or other countries.
- Artisna.com’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access & Interference
- Artisna.com may contain robot exclusion headers which contain internal rules for software usage.
- Much of the information on the site is updated on a real-time basis and is proprietary or is licensed to Artisna by its users or third-parties.
Etsy Application Terms
- The term 'Etsy' is a trademark of Etsy, Inc. This application uses the Etsy API but is not endorsed or certified by Etsy, Inc.
Resolution of Disputes
Dispute Arising From or Relating To the Subject Matter of This Agreement
- Resolution shall take place through arbitration in New York County, New York.
- Use of the English language is in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect.
- The settlement shall be conducted by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
- The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.
- The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.
- Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
- Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
- For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York.
- Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
- You and Artisna agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties
- In the event a dispute arises between you and another user or a third party, Artisna encourages you to contact the user or third party to resolve the dispute amicably.
- If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Artisna, they may choose to participate in Artisna’s case system in order to resolve the dispute.
- Cases are escalated for review and resolution by Artisna.
- We (Artisna) provide its dispute resolution process for the benefit of users.
- Artisna does so in its sole discretion, and has no obligation to resolve disputes between users or between users and outside parties.
- To the extent that Artisna attempts to resolve a dispute, it will do so in good faith based solely on its policies.
- Artisna will not make judgments regarding legal issues or claims.
Important Notice : In case of any disputes arising between you and Artisna, please contact us.
Breach Response Policy
Artisna reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Artisna.
Without limiting any other remedies, Artisna may, without notice, and without refunding any fees:
- Delay or immediately remove Content,
- Warn Artisna's community of a user's actions,
- Issue a warning to a user,
- Temporarily suspend a user,
- Temporarily or indefinitely suspend a user's account privileges,
- Terminate a user's account,
- Prohibit access to the Site, and take technical and legal steps to keep a user off the Site and
- Refuse to provide services to a user if any of the following apply:
Artisna suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has:
- Breached this Agreement;
- Artisna Guidelines, or other policy documents and community guidelines incorporated herein;
- Artisna is unable to verify or authenticate any of your personal information or Content;
- Artisna believes that a user is acting inconsistently with the letter or spirit of Artisna's policies;
- If the user has engaged in improper or fraudulent activity in connection with Artisna;
- And if the actions of a user may cause or causes legal liability or financial loss to Artisna's users or to Artisna.
Warranty & Guarantee Information
- Artisna, Artisna's subsidiaries, officers, directors, employees, and suppliers provide our web site and services "as is" and without any warranty or condition, express, implied or statutory.
- Artisna, Artisna's subsidiaries, officers, directors, employees and Artisna's suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement.
- In addition, no advice or information (oral or written) obtained by you from Artisna shall create any warranty.
- Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
- This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
- Artisna does not guarantee continuous, or uninterrupted access to the Site.
- Operation of the Site may be interfered with by numerous factors outside Artisna's control.
Liability & Indemnity
In no event shall Artisna, and (as applicable) Artisna's subsidiaries, officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct or indirect, general, special, compensatory, consequential, and/or incidental, arising:
- Out of or relating to your conduct or that of anyone else in connection with the use of the site,
- And Artisna's services or this agreement, including without limitation,
- Lost profits,
- Bodily injury,
- Emotional distress or any special, incidental or consequential damages.
Artisna's liability, and (as applicable) the liability of Artisna's subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of:
- The amount of fees you pay to Artisna in the 12 months prior to the action giving rise to liability, and
- $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold Artisna and (as applicable) Artisna's parent, subsidiaries, affiliates, officers, directors, agents, 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 this agreement,
- Or that of documents it incorporates by reference,
- Or your violation of any law,
- Or the rights of a third party.
Legal Compliance and Taxes
- You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Artisna service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items.
- In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on Artisna's net income).
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws, rules, and the United States of America.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
Service, Agency & Survival
- Artisna reserves the right to modify or terminate the Artisna service for any reason, without notice, at any time.
- If Artisna makes a material change, you will be notified here, by email, by means of a notice on our home page, or other places we deem appropriate.
- What constitutes a "material change" will be determined at Artisna's sole discretion, in good faith, and using common sense and reasonable judgment.
You and Artisna are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Sections 4 (Community Guidelines), 6 (Copyright & Licenses), 7 (Fees), 8 (Trademark & Intellectual Property Guidelines), 9 (Resolution of Disputes), 10 (Breach Response Policy), 11 (Warranty & Guarantee Information), 12 (Liability & Indemnity), 13 (Legal Compliance & Taxes), 14 (Severability) & 15 (Service, Agency & Survival) shall survive any termination or expiration of this Agreement.