Terms of service
Terms of Service Agreement
The following Terms of Service is (the “Agreement”) is effective upon payment for services, between Service Provider (“Sourcing Handmade, LLC and “Sourcing Handmade”), the boutique owner or online retailer or equivalent paying for such services (the “Client”), and the handmade vendors creating the products (the “Vendor”).
WHEREAS the Service Provider is in the service of provide consultancy services to boutique owners, online retailers, or any other business requesting and paying for such services.
WHEREAS this Agreement contains the Service Provider’s terms of engagement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending, to be legally bound, agree as follows:
Services Provided to Client (brick-and-mortar boutique owner or other retailer paying for such services). Sourcing Handmade is prepared to provide the following professional services to the Client: research and understand Client’s needs, match appropriate Vendors to Client, provide Vendor’s wholesale line sheet detailing pertinent information for the matched or requested Vendor.
Services Provided to Vendor (handmade artisan, creator, designer, or crafter of product). Sourcing Handmade is prepared to provide the following professional services to the Vendor: review samples submitted by Vendor, write product review on our blog, include Vendor product images in Gallery, review and edit product descriptions, and attempt to match them to Clients.
Calculation of Fees and Other Charges. Fees for professional services are described on the Services page. Services must be paid in full up front, by both Client and Vendor, before any work can begin. All wholesale sales made by Vendor to Client will be charged a 2% commission for the first year (calculated from first order date). This commission is to be paid by Vendor to Sourcing Handmade, LLC. All payments are payable via Paypal (and all major credit cards accepted via the Paypal service). Fees (except 2% commission) are subject to change without notice.
Refunds. There is a strict no refund policy.
Guarantee. Sourcing Handmade is in the business of sourcing consulting for Clients. Sourcing Handmade does not guarantee that Client will choose to do business with any Vendor who is recommended. Sourcing Handmade also does not guarantee that any Vendor will receive an order for goods by any Client. Client and Vendor enter into this agreement at his/her own risk.
- Production. Vendor must handcraft the products him / herself, or employ no more than 2 additional persons as sewing assistants, etc. Greater than 3 persons creating the product is strictly prohibited.
Samples. Product samples become the property of Sourcing Handmade, and will not be returned, unless this is explicitly requested in writing by Vendor upon entering into this contract. Vendor will be invoiced for shipping charges on returned samples (8/5/13).
Quality. Vendor must ensure his/her product will be of the highest quality possible. Quality issues will prohibit an item to be recommended to Client. Any quality issues seen or experienced by Sourcing Handmade will be brought to Vendor’s attention so s/he can fix them prior to attempting to source said item in the future. Product photos must be of professional quality and appearance. Sourcing Handmade reserves the right to re-photograph a sample in our possession if the Vendor’s photo quality is lacking. Sourcing Handmade also reserves the right to deny an image entry into gallery if it does not meet our standards. In this case, Vendor must re-photograph the item, send full sample to Sourcing Handmade to photograph, or submit a different item.
Copy. In order to maintain quality and consistency, Sourcing Handmade reserves the right to edit the copy for any image in our gallery, while maintaining an accurate description of the product.
Availability. Vendor must notify Sourcing Handmade in a timely manner if his/her item in the gallery is discontinued. If this happens while the contract is effective, the discontinued product will be removed and may be replaced with another product (for a $10 administrative fee).
Liability. Sourcing Handmade is not liable for any quality defects, damage, injury or other incident which occurs from, in, or with Vendor’s product. Sourcing Handmade also does not guarantee any sale of product by Vendor or Client.
- Trademarks. Sourcing Handmade reserves the right to edit or omit certain products or product titles if they are not registered trademarks of the submitting Vendor, in order to protect us from trademark infringement. Sourcing Handmade is also held harmless of any client or us unknowingly admitting a trademarked or copyrighted product, material, or name, onto our website.
Sales Notification Form. Both Client and Vendor are asked to complete and submit a Sales Notification Form once an order is placed by Client to Vendor. These forms notify Sourcing Handmade of sales for commission purposes (2% payable from Vendor to Sourcing Handmade for all sales made to Client during 1st year), as well as auditing purposes aimed to uphold the quality and integrity of our vendors and products.
- Authorization. Vendor authorizes Sourcing Handmade to use product image(s) in promotional materials directed to boutiques and retailers. Vendor will be notified if his/her product image will be used. These images will be void of Vendor’s business names, website, or other contact info. Vendor also authorizes Sourcing Handmade to upload gallery product photos to online social media sites (i.e. Facebook, Pinterest, and the like) as an additional means of advertising our business.
- Release. If a dispute arises with one or more users, Vendor and Client release Sourcing Handmade from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Indemnity. Vendor and Client will indemnify and hold Sourcing Handmade harmless from any claim, dispute, liability, loss, damage, or demand, including reasonable attorneys’ fees, made by them or any third party due to or arising out of their breach of this Agreement, use of this service, any agreement made between Vendor and Client, or their violation of any law or the rights of a third party.
- Advertising. Vendors are prohibited from tagging their Facebook business page on the Sourcing Handmade Facebook page in an advertorial manner. Comments are allowed and encouraged using a personal profile only. Any comment made from a Vendor’s Facebook page or containing a Vendor’s Facebook page tag that risks a Client bypassing Sourcing Handmade, will be deleted without notice.
- Accuracy. Sourcing Handmade makes no representations or warranties of any kind with respect to the accuracy, sufficiency, or correctness of the content, information, descriptions, or images provided through the website.
Trade Shows. Sourcing Handmade is not liable for any Vendors’ products that may go missing or be stolen from any trade show in which Vendor agrees to participate. Trade show sales will be charged 6% commission (effective 10/15/13).
Photography. By submitting product photos to our online gallery, Vendors have implied permission for use from any and all applicable third parties, including, but not limited to, photographers, parents, and suppliers.
- Access. Sourcing Handmade provides access to our wholesale line sheets via the Clients Only page, to registered wholesale buyers who provide us with their resale certificate number, EIN, reseller’s permit number, or similar. Sourcing Handmade makes no claims towards the authenticity or validity of information provided by our registered wholesale buyers. Client must do his/her due diligence in confirming information provided by registered wholesale buyers is accurate and truthful, prior to selling or shipping product.
- Retail Consumers: Sourcing Handmade, LLC will occasionally direct retail end consumers to Vendors’ websites, for purchase of individual products at retail price. There will be a 15% commission charged for every retail order gained (at retail price) by Vendor through our services. Retail Inquiries will be forwarded to Vendor through our Retail Inquiries Form. Upon order, Vendor agrees to complete and submit Sales Order Notification Form, and pay 15% commission within 48 hours of receiving invoice.
- Agreement. By selecting “Yes, I agree with the Terms of Service” on the Services page, both Client and Vendor agree to the terms set forth in this document.