ARTICLE 1. APPLICABILITY
1.1 These terms and conditions are applicable to all agreements with CROWDYHOUSE and to all agreements that are the result of this. By pressing the concerning button in the window of the ordering process, all terms and conditions of CROWDYHOUSE are accepted.
1.2 Oral statements, promises or agreements are not legally binding, unless confirmed in writing by CROWDYHOUSE.
1.3 If one or more provisions in these Terms and Conditions are void or destroyed, the remaining provisions remain in full force.
ARTICLE 2. DEFINITIONS
TERMS AND CONDITIONS: Terms and Conditions CROWDYHOUSE, of which the Special Provisions are a part.
SPECIAL PROVISIONS: Special Provisions CROWDYHOUSE – Designer, Special Provisions CROWDYHOUSE – Client (individually or all together).
CROWDYHOUSE: CROWDYHOUSE B.V. (LTD.) office at Brouwersgracht 246HS, 1013 HE, Amsterdam, registered with the Chamber of Commerce under number 60042761 and VAT number NL853743411B01, email firstname.lastname@example.org
WEBSITE: The Website https://www.crowdyhouse.com
DESIGNER: A natural person or legal entity who wishes to create a Product and offers, or wishes to offer, this Product on the Website.
CLIENT: A natural person or legal entity who places an order via the website.
PARTIES: CROWDYHOUSE and Designer, CROWDYHOUSE and Client or Client and Designer together.
PRODUCT: A physical product available to buy that is offered by the Designer on the CROWDYHOUSE Website and is delivered by the Designer.
ACCOUNT: The personal profile of a Client or Designer which he creates by registering on the Website.
PLACEMENT AGREEMENT: The agreement between CROWDYHOUSE and the Designer in respect of which the Designer offers a Product on the Website.
ARTICLE 3. AGREEMENT
3.1 The Designer, expressly not CROWDYHOUSE, is the person to accept the orders. The Designer, expressly not CROWDYHOUSE, enters the agreement with the Client. CROWDYHOUSE is not a party in the agreement between Designer and Client.
3.2 Offers of the Designer are entirely without obligation and can be recalled at all times before, and during, and after the creation of the agreement.
3.3 No activity of CROWDYHOUSE may be interpreted as a joint venture, partnership, distribution agreement, representation of agency, or agency relationship agreement between the parties having been established. None of the parties is entitled or authorized to enter agreements regarding liability, debt, cost, or agreements for or on behalf of the other party, unless expressly agreed upon with CROWDYHOUSE in writing.
ARTICLE 4. LIABILITY
4.1 CROWDYHOUSE has no, or at most extremely limited, control over the quality, conformity, security, lawfulness, integrity, or reliability of the rights and obligations that have sprung from the agreement between Designer and Client, or the different components thereof.
4.2 CROWDYHOUSE is not liable for damage that is the result of a non- or improper functioning of a Product and/or the facilities of her service, unless the cause is intent or gross negligence by CROWDYHOUSE.
4.3 If CROWDYHOUSE is liable as a result of a failure to perform its obligations which is attributable to her, the liability will be limited to the direct case damage that is in direct connection to the deficiencies attributable to CROWDYHOUSE. Liability for any form of indirect or consequential damages is excluded.
4.4 CROWDYHOUSE is not liable for failure to perform its obligations from this agreement when the execution of these obligations is hampered or made impossible by a cause that is outside of her reasonable power.
4.5 CROWDYHOUSE has the right to (temporarily), without prior notice, put her Website out of order or to limit the usage thereof, or to stop providing the service of CROWDYHOUSE without justification and without this providing any right for compensation from CROWDYHOUSE.
4.6 It is possible that the Website contains references to Websites of third parties (for example by way of a hyperlink, banner or button). CROWDYHOUSE has no say or influence regarding the content and the policy of these Websites. Therefore, CROWDYHOUSE is not responsible for the content and methods of these Websites and does not accept any liability for these websites.
ARTICLE 5. FORUM- AND CHOICE OF LAW
5.1 Only the Dutch civil court that is authorized in CROWDYHOUSE’s location acknowledges disputes, unless legal regulations oppose this.
5.2 Dutch law is applicable.
SPECIAL PROVISIONS CROWDYHOUSE – DESIGNER
ARTICLE 1. ACCOUNT
1.1 To use the services offered by CROWDYHOUSE, the Designer is required to create his own account , using the method described on the Website.
1.2 The Designer is liable for all consequences of using his account.
1.3 CROWDYHOUSE has the right to at any time delete designers accounts and/or products from the website.
1.4 CROWDYHOUSE works with the payment provider Mangopay to pay out designers. Designers are required to provide their bank details to receive a payout in their dashboard. To read the provisions regarding all Mangopay users click here.
ARTICLE 2. THE DESIGNER
2.1 The Designer is required to on request provide CROWDYHOUSE with:
a. copy of extract Chamber of Commerce (no older than 3 months), and
b. copy of identification of one or more authorized representatives.
ARTICLE 3. PRODUCTS OFFERED ON CROWDYHOUSE3.1 After the designers account is created designers can upload products themselves. After products are uploaded CROWDYHOUSE has the right to remove, change and/or improve content. CROWDYHOUSE will not change product prices unless the designers has asked CROWDYHOUSE to do so via email. 3.2 Designer is responsible for uploading correct product content, delivery prices and product prices. If Designer uploaded a product with an incorrect prices, Designer is obliged to sell the product for the offered price. 3.3 The designer will automatically receive an email message when a Client has placed an order. 3.4 The designer must deliver it within the maximum delivery that has the Designer set when the products was uploaded. In case the Designers delivers to late CROWDYHOUSE has the right to refund the customer at all times. 3.5 After the designer has marked the ordered product(s) as shipped in the designer dashboard, CROWDYHOUSE will transfer the Designer the amount of the total sales plus shipping costs minus the commission charged plus VAT if applied by CROWDYHOUSE within 2-6 weeks. Orders are never paid out before the product was marked as shipped. The amount is transferred to the bank account Designer has filled in the account. CROWDYHOUSE is not liable for incorrectly entered account information.
3.6 The Designer is responsible for the follow up and delivery of the product to the Client.
ARTICLE 4. SERVICES CROWDYHOUSE4.1 CROWDYHOUSE is the medium through which the Designer can offer the Product to create to multiple Clients. CROWDYHOUSE role in this is solely as a platform and editor of the Website. 4.2 The decision to place a Product on the Website is solely the decision of CROWDYHOUSE. 4.3 CROWDYHOUSE informs the Designer about orders for Products that the Designer placed on the Website. 4.4 For the provided services CROWDYHOUSE charges a commission (the “Sales Commission”) in the amount of 30% excluding VAT. The Sales Commission is a percentage that will be charged of the total sale price of all products sold. The total sales price is the price of your Products including VAT charged but excluding any shipping costs.
4.5 Any by CROWDYHOUSE granted discounts to Clients via the Website will come out of CROWDYHOUSE’s profit.
ARTICLE 5. RESPONBILITIES OF THE DESIGNER5.1 The Designer is responsible for accepting the work, including but not limited to the supply of information, production, delivery, evaluation and follow-up. 5.2 Clients may ask questions in the “comments and questions” section on the product page. The Design must answer these questions on the product page within acceptable time. Clients who have placed an order will automatically receive notice of it. 5.3 At the end of the period in which the product is offered on the site the Designer should inform Clients about the start of production and delivery by leaving them a message via their account. 5.4 Only the Designer, expressly not CROWDYHOUSE, is responsible for the delivery of the Product to the Client and for meeting the expectations that are reasonable for the Client to have. 5.5 Transport of the Product is on the Designer’s expense and risk.
5.6 Designer has to accept returns as described in Special Provisions CROWDYHOUSE – Client: Article 3.
ARTICLE 6. INTELLECTUAL PROPERTY
6.1 The designer reserves in principle the copyrights and other intellectual property rights with regard to the Product.
6.2 The Designer acknowledges and agrees with providing files, data and/or materials to CROWDYHOUSE (which in these provisions means: the uploading thereof), the Designer offering CROWDYHOUSE a free, unencumbered, worldwide, non-exclusive license to (i) use the files, data and/or materials, to multiply them, to spread and publish them with regard to the service of CROWDYHOUSE and (ii) to use the files, data and/or materials and to multiply them (and to allow third parties to use and to multiply them) in every media as well as marketing and/or promotional purposes with regard to the service provided by CROWDYHOUSE.
6.3 The Designer bears any risk with regard to possible copying, imitating, or theft of his design, model, idea, or other right to intellectual property.
ARTICLE 7. CONTENT
7.1 The activities that the Designer performs with regard to CROWDYHOUSE are not allowed to (i) be based on falsehoods or be misleading, (ii) infringe the rights of third parties, including copyrights, related rights, branding rights, or any other intellectual property rights or rights with regard to the protection of privacy, (iii) be in conflict with any law, regulation, ordinance, or any other applicable regulations, (iv) contain viruses, Trojan horses, worms, bots, or other programmed software that can damage, render unusable or inaccessible, erase, or appropriate an automated work or data. The designer indemnifies CROWDYHOUSE from any liability of third parties as a result of infringing on these provisions.
SPECIAL PROVISIONS CROWDYHOUSE – CLIENT
ARTICLE 1. ACCOUNT
1.1 The Client is, if a natural person, 18 years or older.
1.2 To be able to use the service(s) of CROWDYHOUSE, the Client is required to create their own account using the method as described on the Website.
1.3 The Client is liable for all consequences that result from using his account.
ARTICLE 2. PAYMENT2.1 CROWDYHOUSE works with the payment provider Mangopay. To read the provisions regarding all Mangopay users click here. 2.2 After placing an order on the Website, CROWDYHOUSE will deduct the, on a per-order basis, agreed upon amount from the bank- or giro account that has been provided by the Client. 2.3 The agreed upon amount is kept on the account of the payment provider while the Product is offered on the Website. 2.4 After the order is ‘marked as shipped’ by the designer CROWDYHOUSE will transfer the money within 2-6 weeks to the Designer’s e-wallet, minus the commission charged by CROWDYHOUSE plus VAT. 2.5 All prices on the CROWDYHOUSE website include VAT but exclude delivery costs.
2.6 We offer payment by credit or debit card (VISA, Master Card & Maestro), iDeal, Sofort Banking, Giro Pay, Mistercash and bank transfer. However, we reserve the right to offer less than our full range of payment options.
ARTICLE 3. RETURNS3.1 Clients have the right to cancel orders without giving any reason within 30 days from the day on which you or a third party other than the carrier and indicated by you acquires, physical possession of the last good. 3.2 To exercise the right to cancel, the Client must inform us of the decision to cancel the order by a clear statement through email to email@example.com. CROWDYHOUSE will provide the Client with the address of the Designer to which the product should be returned. 3.3 The item should be returned to the Designer’s studio within 21 days after we provided the Client with the correct address. 3.4 The item should have not been used and should be in the original packaging, or of the same quality and in re-saleable condition. 3.5 Any damage to the product will be at the customer’s risk, CROWDYHOUSE highly recommends that return shipping is sufficiently insured. 3.6 As soon as CROWDYHOUSE received confirmation from the Designer the product was returned in good shape, CROWDYHOUSE will reimburse all payments received from Client, including the cost of delivery. 3.7 The Client is responsible for the costs of shipping the item back to the seller. 3.8 CROWDYHOUSE will make the reimbursement without undue delay, no later than 14 days after CROWDYHOUSE received confirmation from the Designer the product has been returned in good order.
3.9 CROWDYHOUSE will make the reimbursement using the same means of payment as Client used for the initial transaction.
FAULTY PRODUCTS3.10 Clients must inspect the condition of orders upon delivery. If Clients notice that the package has some damages on the outside, we kindly ask you to notify the courier and mark it down on the delivery slip. If an item from your order is faulty or damaged, please email CROWDYHOUSE via firstname.lastname@example.org as soon as possible after receipt of item, but not later than 48 hours after delivery. Please include the following in your email: The order details: order number, your contacts and date of delivery. Information about the faulty or damaged product: product name and description and what is the problem with it. If possible, include a photo of the damaged product.
Let us know if you have notified the courier upon delivery that the package is damaged during transportation.
ARTICLE 4. SERVICES CROWDYHOUSE
CROWDYHOUSE offers a medium through which the Client can order a product from the Designer. The sole role of CROWDYHOUSE in this process is as a platform and editor of the Website.
CROWDYHOUSE B.V. (LTD.) has its office at Brouwersgracht 246, 1013 HE Amsterdam and is registered with the Chamber of Commerce under number 60042761 and VAT number NL853743411B01.
You can contact us at any time by
calling: +31 (0) 85 8888 220
live chat: go to the website and live chat with us at the bottom right side of the page
visting us: Brouwersgracht 246HS, Amsterdam, 1013HE, The Netherlands