The Toffee Apple Artists Craft Store

THE TOFFEE APPLE TERMS OF USE

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY THE TOFFEE APPLE. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.thetoffeeapple.com (THE "SITE") AND ALL SERVICES PROVIDED BY The Toffee Apple ON THE SITE.

By using the Site 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.. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. The Toffee Apple is a Venue

The Toffee Apple acts as a venue to allow users who comply with The Toffee Apple policies to offer, sell and buy certain handmade goods within a fixed-price format. The Toffee Apple is not directly involved in the transaction between buyers and sellers. As a result, The Toffee Apple has no control over the quality, safety, 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. The Toffee Apple does not pre-screen users or the content or information provided by users. The Toffee Apple cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, The Toffee Apple does not transfer legal ownership of items from the seller to the buyer.

The Toffee Apple cannot guarantee the true identity, age, and nationality of a user. The Toffee Apple encourages you to communicate directly with potential transaction partners through the tools available on the Site.

You agree that The Toffee Apple is a venue and as such is not responsible or liable for any content, for example, data, text, information, user names, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on The Toffee Apple . You use the The Toffee Apple service at your own risk.

Membership Eligibility

Age:

The Toffee Apple services are available only to, and may only be used by, individuals who are 18 years and older 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. The Toffee Apple may, in its sole discretion, refuse to offer access to or use of the Site 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 Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use The Toffee Apple services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance:

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 The Toffee Apple policies as stated in the Agreement and the Toffee Apple policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by The Toffee Apple, each of which is incorporated herein by reference and each of which may be updated by The Toffee Apple from time to time without notice to you:

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by The Toffee Apple from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password:

Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify The Toffee Apple of any unauthorized use of your password or any breach of security. You also agree that The Toffee Apple 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 user name and password information in combination to any other party other than The Toffee Apple without The Toffee Apple express written permission.

Account Information:

You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on The Toffee Apple you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account or bank details.

Account Transfer:

You may not transfer or sell your The Toffee Apple account and User ID to another party. 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:

The Toffee Apple services are not available to temporarily or indefinitely suspended The Toffee Apple members. The Toffee Apple reserves the right, in The Toffee Apple sole discretion, to cancel unconfirmed or inactive accounts. The Toffee Apple reserves the right to refuse service to anyone, for any reason, at any time.

Fees and Services

Joining The Toffee Apple is free. The Toffee Apple charges fees 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 fees that you will be charged. The Toffee Apple , which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for The Toffee Apple services are effective after The Toffee Apple provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, The Toffee Apple may choose to temporarily change the fee policy and the fees for The Toffee Apple services for promotional events. Such changes are effective when The Toffee Apple posts the temporary promotional event on the Site. The Toffee Apple may, at The Toffee Apple sole discretion, change some or all of The Toffee Apple services at any time. In the event The Toffee Apple introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars.

You are responsible for paying all fees and applicable taxes associated with using The Toffee Apple. The Toffee Apple keeps accepted payment information on file.: If The Toffee Apple terminates a listing or your account, if you close your account, or if the payment of your The Toffee Apple fees cannot be completed for any reason, you remain obligated to pay The Toffee Apple 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 The Toffee Apple.

Listing and Selling

Listing Description:

By listing an item on the Site you warrant that you and all aspects of the item comply with The Toffee Apple published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Toffee Apple shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an 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, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies:

All sellers are urged to outline shop policies for their Toffee Apple shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with The Toffee Apple site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. The Toffee Apple reserves the right to request that a seller modify a shop policy.

Binding Sale:

All sales are binding. 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: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance:

The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding The Toffee Apple transaction fees, misrepresent the item's location, or use another user's account without permission.

Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to The Toffee Apple and any and all data, text, information, user names, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on The Toffee Apple.

Restricted Activities:

Your Content and your use of The Toffee Apple shall not:

Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
Contain items that have been identified as hazardous to consumers and therefore subject to a recall.
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including The Toffee Apple staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
Be obscene or contain child pornography.
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Host images not part of a listing.
Modify, adapt or hack The Toffee Apple or modify another website so as to falsely imply that it is associated with The Toffee Apple.
Appear to create liability for The Toffee Apple or cause The Toffee Apple to lose (in whole or in part) the services of The Toffee Apples ISPs or other supplier.
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy or the do's and don'ts , or other policy documents as posted on The Toffee Apple.

Furthermore, you may not list any item on The Toffee Apple (or consummate any transaction that was initiated using The Toffee Apple service) that, by paying to The Toffee Apple the listing fee or the final value fee, could cause The Toffee Apple to violate any applicable law or statute.

Content

License:

The Toffee Apple does not claim ownership rights in your Content. You grant The Toffee Apple a license solely to enable The Toffee Apple to use any information or Content you supply The Toffee Apple with, so that The Toffee Apple is not violating any rights you might have in that Content. You grant The Toffee Apple a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licenseable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow The Toffee Apple to store or re-format your Content on The Toffee Apple and display your Content on The Toffee Apple in any way as The Toffee Apple chooses. The Toffee Apple will only use personal information in accordance with The Toffee Apple privacy policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Toffee Apple user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for The Toffee Apple related communications. The Toffee Apple has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Toffee Apple user to your email or physical mail list.

Re-Posting Content:

By posting Content on The Toffee Apple , it is possible for an outside website or a third party to re-post that Content. You agree to hold The Toffee Apple harmless for any dispute concerning this use. If you choose to display your own The Toffee Apple-hosted image on another website, the image must provide a link back to its listing page on The Toffee Apple.

Idea Submissions:

The Toffee Apple considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Toffee Apple shall not be liable for the disclosure or use of such Material. If, at The Toffee Apples request, any member sends Material to improve the site (for example through the Forums or to customer support), The Toffee Apple will also consider that Material to be non-confidential and non-proprietary and The Toffee Apple will not be liable for use or disclosure of the Material. Any communication by you to The Toffee Apple is subject to this Agreement. You hereby grant and agree to grant The Toffee Apple , under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicenseable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Information Control

The Toffee Apple does not control the Content provided by users that is made available on The Toffee Apple. 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 The Toffee Apple, you agree to accept such risks and that The Toffee Apple (and The Toffee Apple officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on The Toffee Apple. Please use caution, common sense, and practice safe buying and selling when using The Toffee Apple..

Other Resources:

The Toffee Apple is not responsible for the availability of outside websites or resources linked to or referenced on the Site. The Toffee Apple does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that The Toffee Apple 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.

Meetings

Users are solely responsible for interactions with others. Users must comply with The Toffee Apple 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. The Toffee Apple is not involved with user generated groups, the groups' requirements, or the Meetings.

The Toffee Apple does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that The Toffee Apply does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline in person.

Groups or User Fees:

Some user-generated groups on The Toffee Apple may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. The Toffee Apple IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO The Toffee Apple ; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY THE TOFFEE APPLE, AND THE TOFFEE APPLE HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT THE TOFFEE APPLE IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, THE TOFFEE APPLE USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute.

Resolution of Disputes and Release

In the event a dispute arises between you and THE TOFFEE APPLE please contact us. You and The Toffee Apple agree that any cause of action arising out of or related to the Site (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.

Should you have a dispute with one or more users, or an outside party, you release The Toffee Apple (and The Toffee Apple officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Toffee Apple encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

The Toffee Apple , for the benefit of users, may try to help users resolve disputes The Toffee Apple does so in The Toffee Apple sole discretion, and The Toffee Apple has no obligation to resolve disputes between users or between users and outside parties. To the extent that The Toffee Apple attempts to resolve a dispute, The Toffee Apple will do so in good faith based solely on The Toffee Apple policies. The Toffee Apple will not make judgments regarding legal issues or claims.

The Toffee Apple Intellectual Property

The Toffee Apple and other Toffee Apple graphics, logos, designs, page headers, button icons, scripts, and service are property of The Toffee Apple.

Access and Interference

The Toffee Apple may contain robot exclusion headers which contain internal rules for software usage. Much of the information on the Toffee Apple is updated on a real-time basis . You agree that you will not use any robot, spider, scraper or other automated means to access The Toffee Apple for any purpose whatsoever, except to the extent expressly permitted by and in-compliance without The Toffee Apples prior express written permission. Additionally, you agree that you will not:

Breach

Without limiting any other remedies, The Toffee Apple may, without notice, and without refunding any fees, delay or immediately remove Content, warn The Toffee Apple 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:

Privacy

Except as provided The Toffee Apple will not sell or disclose your personal information to third parties without your explicit consent.

No Warranty

The Toffee Apple and Toffee Apple SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND The Toffee Apple SUPPLIERS PROVIDE The Toffee Apple WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION.

Liability

IN NO EVENT SHALL The Toffee Apple AND (AS APPLICABLE) The Toffee Apples SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR The Toffee apples SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE,The Toffee Apples SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Guarantee

The Toffee Apple does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside The Toffee Apple's control.

Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Toffee Apple 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 on the Site (excluding any taxes on The Toffee Apples net income).

Severability

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.

No Agency

You and The Toffee Apple are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

The Toffee Apple Service

The Toffee Apple reserves the right to modify or terminate The Toffee Apple service for any reason, without notice, at any time. The Toffee Apple reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If The Toffee apple makes a material change the Toffee Apple will notify you here, by email, by means of a notice on our forum, or other places The Toffee Apple deems appropriate. What constitutes a "material change" will be determined at The Toffee Apple's sole discretion, in good faith, and using common sense and reasonable judgment.

THE WHAT TO & WHAT NOT TO?

We expect all members of The Toffee Apple Craft Auctions to treat each other with respect and kindness. Remember that behind every user name is a real person Your user name on The Toffee Apple is your identity. You are responsible for your conduct and all content submitted under your user name on The Toffee Apple Auction for Artists.

By joining The Toffee Apple auction for artists , you agree to abide by the policies.
User names cannot be changed except in the event of documented legal action (such as trademark infringement) or at The Toffee Apple's discretion. Choose your user name carefully.
You may not use the words Toffee Apple auctions for artists in your user name without permission
You must be at least 18 years of age to hold an account on The Toffee Apple Auctions for artists.
- If you are under 18, you must have the permission and supervision of a parent or legal guardian who is at least 18 years of age; that adult is responsible for the account.
You may not use profane or racist language or images in your user-name, avatar and/or profile.
You may not use the public areas of your account to demonstrate or discuss disputes with others or with the Toffee Apple Auctions for artists.
You may not transfer ownership or sell your Toffee Apple account to another party.
You may not use The Toffee Apple to direct shoppers to another online selling venue to purchase the same items as listed in your the Toffee Apple shop, as this may constitute fee avoidance. This includes posting links/URLs or providing information sufficient to locate the other online venue(s).
A Toffee Apple account may not be used for the purpose of redirecting traffic to another web location. Please contact The Toffee Apple to have your account closed if you are no longer using it.
Keep your account information updated and accurate. Your account must have a valid email address at all times. The Toffee Apple Auction will use the email address on file in your account information to contact you when necessary.
The Toffee Apple Auctions encourages all members to resolve their own disputes. As a venue, The Toffee Apple Auctions cannot mediate disputes between members or other parties.
Members who do not comply with The Toffee Apple's s policies may be subject to review, which can result in suspension of account privileges and/or termination. This includes all of your accounts by virtue of association. In other words, The Toffee Apple Auctions reserves the right to suspend the use of the site for a person and all user-name(s) he/she operates under. Suspended or terminated members remain obligated to pay The Toffee Apple Auctions for all unpaid fees .

Multiple Accounts held by one person

Having more than one account ("multiple accounts" or "alternate accounts") is not something The Toffee Apple Auctions encourages, as it has the potential to cause confusion. Keep in mind that information and accounts cannot be merged in any way, so if you change your mind later, you will not be able to transfer information (for example: listings, feedback, Favorites or purchase history) from one account to another.

You may not list the same unique item in more than one shop on The Toffee Apple.

The Toffee Apple Auctions will not issue refunds for accidental activity stemming from multiple account ownership (for example: listing items in the wrong shop). Members who do not comply with The Toffee Apple Auctions policies may be subject to review, which can result in suspension of account privileges and/or termination. This includes all of your accounts by virtue of association. In other words,The Toffee Apple Auctions reserves the right to suspend the use of the site for a person and all user name(s) he/she operates under. Suspended or terminated members remain obligated to pay The Toffee Apple Auctions for all unpaid fees.

The public profile page for the account must fully disclose accurate information about each person, their role in The Toffee Apple shop. The Toffee Apple Auctions may ask for additional information and require that the shop comply with additional requirements.
The individual who registers the account is responsible for all activities of the account, the bill and any transactions.
Members who do not comply with The Toffee Apple Auction policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay The Toffee Apple Auctions for all unpaid fees. If any of The Toffee Apple Auctions policies are violated by another member all accounts registered to member are subject to suspension of privileges and/or account termination.

MESSAGES

MESSAGES are your way to communicate privately with other Toffee Apple Auction members. Messages are primarily intended for communicating about transactions. Members may also use messages activities. Please use common sense when giving out personal information to others via messages

You must not use Messages to send unsolicited advertising or promotions, requests for donations or "spam".
You must not use Messages to knowingly harass or abuse another member.
If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless involved in an open transaction.
You must not use Messages to interfere with a transaction.

You must not contact another member to buy or sell an item listed on The Toffee Apple Auctions outside of The Toffee Apple for artists marketplace. This may also constitute fee avoidance.
You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.

TRANSACTIONS

The Toffee Apple Craft Auctions for Artists

The Toffee Apple is a venue, not a retailer. The Toffee Apple Auctions for Artists role is to connect the buyer and seller. This means when you place an order on The Toffee Apple Auctions , you are entering into a direct transaction and personal relationship with an individual seller (facilitated by The Toffee Apple for Artists ). We encourage the two parties to independently work through the transaction to completion.

A transaction is created when a buyer completes The Toffee Apple Auctions for Artists checkout process. An Alchemy transaction is created when the buyer accepts a bid and the seller confirms the bid. The seller and buyer will receive email notification from The Toffee Apple with information about the transaction and an invoice record. A Toffee Apple Auction transaction is completed when the buyer pays and the seller ships the item. Payment is submitted directly to the seller via a method specified in the item listing (for example: PayPal,direct deposit, etc).

Communication is the key to a smooth transaction. All buyer questions regarding transactions, including payment arrangements and cancellations, should be directed to the seller. The Toffee Apple encourages all sellers to keep records regarding proof of shipping (for example: delivery confirmation, shipping service receipt, customs form).

In certain circumstances, a seller may cancel an invalid or void transaction or refuse service to a buyer. A seller may post important information in their shop or listing description to better inform buyers. A seller's individual policies for shipping, returns/exchanges and refunds posted in the seller's Shop. Please note: other services involved in completing a transaction (for example: PayPal, shipping services) may have different policies regarding transactions.

Transaction policies for the seller:

The seller must sell the item(s) to the buyer with whom the transaction is created, unless the transaction is eligible for cancellation
The seller must ship the item(s) as described
The seller must ship the item(s) within a reasonable amount of time, according to the transaction agreement or the terms in the seller's Shop Policies.
The seller must ship the item(s) to the shipping address submitted by the buyer. The seller should communicate with the buyer if shipping information is unclear or inconsistent.
In the event of a dispute, the seller may be asked to provide The Toffee Apple with proof of shipping. The Toffee Apple will not hold the seller responsible for postal or shipping service delays or errors, theft or customs delays.

The buyer must pay the seller directly. Do not send payment to The Toffee Apple Auction for Artists
The buyer must pay at the time the transaction is created, according to transaction agreement or the terms in the seller's Shop Policies.
The buyer must submit valid shipping, billing and payment information to the seller, according to transaction agreement or the terms in the seller's Shop Policies.
In the event of a dispute concerning the return of the item(s) to a seller, the buyer may be asked to provide The Toffee Apple with proof of shipping back to the seller. The Toffee Apple will not hold the buyer responsible for postal or shipping service delays or errors, theft or customs delays when returning items to the seller.

Members who do not comply with The Toffee Apple's policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees.

We hope that your shopping experience on The Toffee Apple is smooth and hassle-free. In the event of a transaction dispute, The Toffee Apple encourages the buyer and seller to resolve the situation through email and by submitting fair, honest feedback The policies below describe various types of transaction disputes and the roles of the seller, the buyer and The Toffee Apple in each scenario.

Non-payment

Non-payment occurs when a buyer does not or cannot complete payment after a transaction has been created. The seller may invoice the buyer in an attempt to collect payment before shipping. The Toffee Apple encourages sellers to offer buyers fair, honest feedback.

The buyer must pay at the time the transaction is created, according to the transaction agreement or according to the terms in the seller's Shop Policies.
The seller may cancel a transaction for non-payment when applicable.

The Toffee Apple relies on sellers to submit fair, honest feedback for buyers in non-payment circumstances. Members with a low overall feedback score may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees.

Non-delivery

Non-delivery occurs when a seller does not or cannot ship an item after a transaction has been created and the buyer has sent payment to the seller. The buyer may file a non-delivery report with The Toffee Apple against the seller. When a non-delivery report is filed, both the buyer and the seller receive a notice from The Toffee Apple about the report so they can work out the issue. The Toffee Apple encourages all sellers to keep records regarding proof of shipping (for example: delivery confirmation, shipping service receipt, customs form). The Toffee Apple relies on buyers to submit fair, honest feedback for sellers in non-delivery circumstances. Please note: a buyer who paid a seller via PayPal may have a limited time frame in which to file a claim for refund of purchase under PayPal's policies.

The seller must ship goods within a reasonable amount of time, according to transaction agreement or according to the terms in the seller's Shop Policies.
The seller must respond to a non-delivery report by contacting The Toffee Apple. A non-delivery report cannot be closed until the seller contacts The Toffee Apple.
The seller may be asked to provide The Toffee Apple with proof of shipping in the event of a dispute.

A seller who fails to ship an item, respond to a non-delivery report or settle a disputed transaction in a reasonable manner may be suspended. Members who do not comply with The Toffee Apple policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees per

Refusing service

The Toffee Apple encourages sellers to engage in clear and consistent communication, and honor transaction agreements. However, if a seller cannot complete a transaction due to an extraordinary circumstance, then the seller may refuse service to the buyer.

The seller must notify the buyer of refusal of service through email or The Toffee Apple Messages.
The seller can only refuse service prior to shipping.
If the buyer has already paid, then the seller must refund the buyer (price paid for item plus shipping).
The seller may cancel the transaction when applicable.
Unless otherwise agreed or according to the seller's terms, a seller's refusal of service to a specific buyer is indefinite within that seller's Toffee Apple shop.

Members who abuse the privilege to refuse service may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay The Toffee Apple.

A buyer may not be completely satisfied with a purchase or transaction experience. The Toffee Apple recommends that the buyer communicate with the seller by Toffee Apple Messages or email to resolve the matter.The Toffee Apple encourages buyers to submit fair, honest feedback.

The seller must accurately describe the item in the listing
The seller must comply with the transaction agreement or according to the terms in the seller's Shop Policies.

In the event the buyer receives a product that is significantly different from the original listing, the buyer may contact The Toffee Apple Support to report the item not as described. The Toffee Apple relies on buyers to submit fair, honest feedback for sellers in circumstances when the buyer is dissatisfied with an item or the seller's customer service. Members who do not comply with The Toffee Apple policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees.

Interference

To ensure the integrity of The Toffee Apple marketplace and help protect members from potentially fraudulent activity, transaction interference is not allowed on The Toffee Apple . The following circumstances are considered transaction interference:

You may not contact another member to buy or sell an item listed on The Toffee Apple outside of The Toffee Apple marketplace. This may also constitute fee avoidance.
You may not communicate (for example: by Toffee Apple Messages ) with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.

Members who do not comply with The Toffee Apple policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees

Transaction cancellation

The Toffee Apple charges fees to sellers for use of The Toffee Apple services. Sellers agree to complete valid transactions and pay The Toffee Apple fees in full with each transaction . On occasion, a seller may need to cancel an invalid or void transaction. When applicable, The Toffee Apple will issue a refund to the seller for the applicable fees and remove the transaction from The Toffee Apple . Only the seller in a transaction may cancel the transaction. The buyer should contact the seller by email to request cancellation of a transaction.

The seller may not cancel a transaction for the purpose of avoiding fees or feedback.
The seller may cancel an invalid or void transaction, as defined by these circumstances:
- The buyer did not pay at the time the transaction was created, according to the transaction agreement or according to the terms in the seller's Shop Policies.
- Both the buyer and seller agree to cancel the transaction prior to shipment. If the buyer has already paid, the seller has refunded buyer (price paid for item plus shipping).
- The seller has refused service to the buyer. If the buyer has already paid, the seller has refunded the buyer (price paid for item plus shipping).
- The buyer paid for the item(s). Although the seller shipped the item(s), the buyer did not receive the item(s). The seller has refunded the buyer (price paid for item at minimum).

Members who abuse the privilege to cancel transactions may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees.

FEEDBACK

Feedback is a way to establish a reputation of trust for buyers, sellers and The Toffee Apple marketplace. For every transaction, the buyer and seller have the opportunity to submit a rating (positive, neutral or negative), an optional comment . Both buyer and seller have the opportunity to submit feedback for the transaction or until the transaction is canceled by the seller (for void or invalid transactions). Consistency, fairness and honesty are critical to the integrity of the feedback system. Feedback directly affects a member's reputation, so we ask that members take it seriously.

Positive-rated feedback cannot be edited or removed after submission.
Negative- or neutral-rated feedback may be changed to a positive rating when both parties agree to makeup.
Negative or neutral feedback for a canceled transaction may be removed if the author of the feedback contacts The Toffee Apple.
After 120 days the option to leave feedback expires; this option cannot be reinstated.
The option to leave feedback for a canceled transaction cannot be reinstated.

Members may ask The Toffee Apple to review feedback for removal. Contact the Toffee Apple to request a feedback review. The Toffee Apple does not investigate the validity of opinions or statements made in feedback or mediate feedback disputes. At The Toffee Apples discretion and without notice to both parties involved, feedback may be removed or altered by The Toffee Apple in the following circumstances:

Personally identifying or private information was published (for example: a phone number, real name, email address, physical address, content of a private Toffee Apple Messages, details regarding an The Toffee Apple investigation).
Feedback contains mature, profane or racist language and/or images.
Feedback contains spam, links, scripts or advertising.
Shilling is evident (fraudulent inflation of feedback rating by use of an alternate account).
Feedback is given for a transaction created for the sole purpose of leaving feedback.
Negative or neutral feedback was mistakenly submitted for a different transaction.
Negative or neutral feedback refers to an unrelated transaction.
Positive feedback contains negative comments or images.
Negative or neutral feedback comments about using The Toffee Apple or other services (for example: payment processors).
A member is confused about how to use the Feedback system, resulting in unintended negative or neutral feedback.
The Toffee Apple is provided with a valid court order requesting removal of feedback.

Members with low overall feedback scores or members who have violated the above policies for feedback may be subject to review, which can result in suspension of account privileges and/or termination.

SHOPS and LISTINGS

The Toffee Apple provides a marketplace for makers of handcraft, artists and collectors to sell their handmade creations, vintage goods and crafting supplies. Most shops belong to individuals.

We encourage all sellers to provide information about yourself and/or your craft in your Profile. Shoppers will likely be interested in this information, as they are often here specifically to buy handmade items directly from the creator. You should explain your shop's policies regarding shipping, payments, refunds and exchanges. You may use this space to provide additional shop policy information.

Please keep the following things in mind as you set up your shop and create listings:

An individual shop's policies must abide by The Toffee Apple site-wide policies. The Toffee Apple reserves the right to request that a seller provide policy information or require a seller to modify unreasonable policies at The Toffee Apple's discretion.
Do not make illegal use of photographs or written text.
Use of profane and/or racist language or images in the public areas of your Toffee Apple shop is not permitted. This includes your user name, profile item titles, tags, avatar, banner and/or shop sections.
You may not set a minimum purchase amount requirement in your shop.
You must pay your Toffee Apple bill on time to avoid penalties, including but not limited to: suspension of listing privileges and/or account termination.
You may not engage in any activity to avoid Toffee Apple fees . This includes but is not limited to: completing a transaction off The Toffee Apple once it has been initiated on the site, listing an item below its intended purchase price or canceling a valid completed transaction.

Members who do not comply with The Toffee Apples policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees.

LISTINGS

All listings on The Toffee Apple should be clear, accurate and detailed. Accurate titles, tags, photos and descriptions are critical to selling on The Toffee Apple .

Listing descriptions and photos must accurately describe the item for sale so buyers know what is included in the purchase.
Each listing must be available for purchase.
- You may not create a listing for an item that is not for sale or sold out.
- A listing may not be created for the sole purpose of sharing photographs or other information with the community.
- A listing may not be created solely as an advertisement.
- Items must not be listed as available for rental or lease.
Listing prices must be reasonable.
- You may price an item how you choose; however, a listing should not be created with an inaccurate price in order to keep it from selling.
- The shipping cost must be reasonable for the item.
Each unique item must have its own listing.
You may not edit a listing's information to change it to an entirely different item; this is considered fee avoidance.
All listings on The Toffee Apple must be for a tangible object. (Note: a digital file is considered a tangible object.)
You may not use The Toffee Apple to direct shoppers to another online selling venue to purchase the same items as listed in your Toffee Apple shop, as this may constitute fee avoidance. This includes posting links/URLs or providing information sufficient to locate the other online venue(s).
A listing must not be conditional upon the purchase of another listing in your shop (for example: saying "this item may only be purchased along with another item in my shop" is not allowed). This includes listings for item upgrades, shipping upgrades and gift wrapping upgrades.
A free with purchase item may not be listed as a separate listing conditional upon the purchase of another item in your shop.
- The title and tags must not mention or describe the free with purchase item.
- Information about free with purchase items may only be included in the item description.
- A free with purchase item must not be featured in the first photograph of the listing.
- The listing price must only reflect the listed item.
Gift certificates are governed by local laws; it is the seller's responsibility to determine if they are in compliance. If you list a gift certificate on The Toffee Apple , you are responsible for this compliance.
- You must include this sentence in the item listing: "This Gift Certificate is valid only in my Toffee Apple shop, and it is only redeemable here."
Drop shipping is not permitted. All items must be shipped under the direct supervision of the seller.

Listings that do not comply with The Toffee Apple policies may be flagged for review Members who do not comply with The Toffee Apples policies may be subject to review, which can result in suspension of account privileges and/or termination. If The Toffee Apple removes an item listing for violating The Toffee Apple policy, the seller is still obligated to pay the listing fee for that item. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees.

HANDMADE by YOU

With the exception of vintage and supplies categories on The Toffee Apple are for handmade items. Handmade items must be created by the seller operating the The Toffee Apple shop. Below are general policies regarding handmade items on The Toffee Apple , as well as special considerations for certain types of listings or activities in the handmade categories.

On The Toffee Apple , the term "handmade" can additionally be interpreted as "hand-assembled" or "hand-altered."

Simply tailoring, restoring or repairing an item is not considered handmade.
To be considered handmade, the seller must substantially alter the design of an item produced from a "ready to assemble" kit.
Up-cycled, revamped, reconstructed or significantly altered vintage items are considered handmade. These items should be listed as handmade, not in the Vintage section.

Selling commercial or mass-produced items in The Toffee Apples handmade categories is not permitted.
You may not list handmade items that you did not create. This is considered reselling and is not permitted unless listed as vintage.
All items in the handmade categories must comply with The Toffee Apples listings.

Listings that do not comply with The Toffee Apple policies may be flagged for review. Members who do not comply with The Toffee Apple policies may be subject to review, which can result in suspension of account privileges and/or termination. If The Toffee apple removes an item listing for violating The Toffee Apple policy, the seller is still obligated to pay the listing fee for that item. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees.

CUSTOM ORDERS

Custom orders or customizable items may be listed on The Toffee in the handmade categories if they adhere to the following policies for listing:

"Custom order" listings must be listed for purchase with a set price.
The seller may use photographs of previous work and options for customization (for example: colour choices) in the listing.
If the seller offers different sizes or styles that affect the price, the seller must make a separate listing for each item.
The buyer must purchase the listing on The Toffee Apple to have an item created. Details about the customization can be discussed via The Toffee Apple Messages or email.
If the buyer supplies their own materials to the seller for a custom order, they do so at their own risk.
The final custom item must comply with all of The Toffee Apple policies for handmade items.

Listings that do not comply with The Toffee Apple policies may be flagged for review. Members who do not comply with The Toffee Apple policies may be subject to review, which can result in suspension of account privileges and/or termination. If The Toffee Apple removes an item listing for violating The Toffee Apple policy, the seller is still obligated to pay the listing fee for that item. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees.

GIFT BASKET

Creatively re-packaging commercial items does not qualify them to be sold as handmade (for example: a gift basket consisting of non-handmade items).

Gift sets and kits that are a collection of non-handmade ("commercial") items may not be sold in The Toffee Apple handmade categories.
To sell commercial items as a grouping, the items must be assembled as components to create a new product.

Listings that do not comply with The Toffee Apple policies may be flagged for review. Members who do not comply with The Toffee Apple policies may be subject to review, which can result in suspension of account privileges and/or termination. If The Toffee Apple removes an item listing for violating The Toffee Apple policy, the seller is still obligated to pay the listing fee for that item. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees.

SERVICES

Production assistance for certain intermediary tasks in some crafts may be acceptable. The following policies govern use of production assistance in the creation of handmade items:

An assistant, under the direct supervision of the seller, may: assist with a portion of the creation process, list items in a shop, ship items, communicate with buyers, accounting or other record keeping.
A third-party vendor may be used for intermediary tasks in some crafts. Acceptable examples include, but are not limited to: printing the seller's original artwork, metal casting from the seller's original mold, or kiln firing the seller's handcrafted ceramic work.
A third-party vendor may not fulfill your orders to your Toffee Apple customers on your behalf (no drop-shipping).
An assistant or third-party vendor's involvement may not comprise a majority share of a handmade item's creation.

Listings that do not comply with The Toffee Apple policies may be flagged for review. Members who do not comply with The Toffee Apple policies may be subject to review, which can result in suspension of account privileges and/or termination. If The Toffee Apple removes an item listing for violating The Toffee Apple policy, the seller is still obligated to pay the listing fee for that item. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees.

Services

In general, services are not allowed to be listed on The Toffee Apple . There are a few exceptions noted below that are allowed as they produce a new, tangible, physical item.

Any service that does not yield a new, tangible, physical item is not allowed (for example: tailoring, restoring or repairing an item, photographic retouching or colour correction).
Custom graphic design and digital pattern distribution are allowed; a digital file (for example: .pdf, .jpg, .doc) is considered the tangible, physical item.
An instructional crafting workshop is allowed as long as it provides the buyer with a tangible, physical item (for example: an instructional booklet, crafting supplies, a finished project that the student created in the workshop).

Listings that do not comply with The Toffee Apple policies may be flagged for review. Members who do not comply with The Toffee Apple policies may be subject to review, which can result in suspension of account privileges and/or termination. If The Toffee Apple removes an item listing for violating The Toffee Apple policy, the seller is still obligated to pay the listing fee for that item. Suspended or terminated members remain obligated to pay The Toffee Apple for all unpaid fees .

COMMERCIAL CRAFTING SUPPLIES

A commercial crafting supply is an item that is primarily used to make handmade items you might find for sale on The Toffee Apple (for example: yarn, beads, instructional books, patterns, tools). Both handmade and non-handmade ("commercial") crafting supplies may be listed under the supplies category.

Commercial crafting supplies are items not handmade by you. (Crafting supplies handmade by the seller are allowed to be sold on The Toffee Apple, but are not subject to the policies for commercial crafting supplies.
A commercial crafting supply is not a commercial item that, although it may be used in crafting, is ready to use as is (for example: mass-produced clothing, dollhouse furniture and clothing).
Commercial tools, elements and accessories that are used in conjunction with handmade items, but are not used to create a new item may not be sold on The Toffee Apple as a commercial crafting supply (for example: make-up brushes, wax tart burners).
Shipping supplies and packaging materials are allowed in the supplies category.
All items in the Supplies category must comply with The Toffee Apple policies.

Listings that do not comply with The Toffee Apple policies may be flagged for review,. Members who do not comply with The Toffee Apple policies may be subject to review, which can result in suspension of account privileges and/or termination. If The Toffee Apple removes an item listing for violating The Toffe&