1. General terms

1.1. Makerhood Brixton website ('site') is an online marketplace and community for Brixton and surrounding areas. Its purpose is to enable people to sell and buy goods made by local makers, to share information about local workshops and courses, and to participate in discussion forums. For legal purposes, the site is operated by Makerhood Ltd ('Makerhood' or 'we').

1.2. By using the site you agree to be bound by these terms of use (“terms”). We reserve the right to update these terms from time to time, with immediate effect. Please check back to this page regularly. We will endeavour to inform registered members of any material changes affecting their use of the site at least seven days before the changes come into effect. However, it may not always be possible to do so during the early stages of the site as we learn about how the site is used.

1.3. To sell goods or advertise workshops on the site you must live or work in Brixton (SW2), Camberwell (SE5), Clapham (SW4 and parts of SW11 including Clapham Junction area), Stockwell (SW9), Herne Hill (SE24) and East Duwich (SE21 to Thurlow Park/Dulwich common). If in doubt whether you are covered, please contact us on help@makerhood.com.

1.4. You are solely responsible for your conduct on the site and content you post on the site. You agree to comply with all laws relevant to your activity on the site - for example, in relation to illegal content, copyright and trademark law, Distance Selling Regulations, and others.

1.5. You must be at least 18 to use the site. This is because under-18s are not in general able to form legally binding contracts, which you need to do to be able to buy or sell through the site. If you are under 18 and would like to use the site, please get in touch with us on help@makerhood.com and we may be able to accommodate you. We will need permission from your parent or guardian in writing, and they will be ultimately responsible for your activities on the site.

1.6. If you register on the site as a limited company you must have the authority of that company to agree to the terms of use and in agreeing to the terms of use you are representing that you do have that authority.

1.7. If we reasonably believe that you have breached these terms, we may terminate your use of the site, remove content submitted by you or take other appropriate action, including legal action.

1.8. These terms are governed by English law, and any disputes arising out of any transaction or activity on the site are subject to the exclusive jurisdiction of the English courts.

1.9. When using the site, you must not break any laws or post content that is illegal, abusive, threatening, offensive, inaccurate or misleading in public areas of the site or your private messages. Where you process any personal data (which will include disclosing any personal data on the public or private areas of the site) you must ensure that you comply with the Data Protection Act 1998. If you are in doubt about whether you need to do anything specific to comply, please consult the Information Commissioner’s website.

1.10. You must not post unwanted messages, spam, or content or software that includes viruses or other technologies that can harm Makerhood Brixton site or its users. You must not post content of an adult or pornographic nature.

1.11. We reserve the right to remove content and terminate user accounts without notice if we reasonably believe you to be posting illegal or otherwise unsuitable content.

1.12. Please keep your password secure. You are responsible for ensuring that no third party has access to it.

2. Selling

2.1. The site is for selling things that are made by people who live or work in the areas outlined in paragraph 1.3. Ingredients or materials that go into making the products can be made elsewhere. Items sold through the site can be industrially-produced in the areas outlined in paragraph 1.3 as well as hand-made.

2.2. Once you are a registered site member, you can ask to set up an online shop ('stall') by filling out a form on the website. You agree to provide true and correct information about yourself and your goods in this form.

2.3. We will consider all submitted requests, and may be in touch with you to find out more about your goods and talk you through the selling and buying processes. Although we will try to grant all requests, we reserve the right not to approve some requests at our discretion.

2.4. If your stall request is approved, you can set up your stall on the site. You must provide correct and true information in the stall set-up form. You must have a PayPal account and enter it in the stall set-up form to be able to accept payments. You must state clear policies about delivery, returns and refunds in relation to your goods, which must comply with with Distance Selling Regulations and any other relevant laws or regulations.

2.5. When offering goods for sale, you are responsible for complying with any relevant laws and regulations. Makerhood is not party to your transactions with buyers, and we have no legal responsibility for your transactions. We have sought to provide some useful information on this in the FAQ on the site - these materials are not legal guidance and should not be used as such.

2.6. You agree not to sell any illegal goods, materials or substances, or prohibited goods. Prohibited goods are: stolen items; offensive items (as determined by Makerhood persons authorised by Makerhood to make these determinations), medicines or healthcare products; hazardous substances; drugs, mailing lists and personal information, weapons and knives; or any item that would (for whatever reason) be illegal for you to sell. If in any doubt about whether your product is allowed to be offered on the site, please request permission on help@makerhood.com. You agree not to sell services on the site, other than the service of making a 'made to order' item which the buyers can order and pay for on the site.

2.7. You agree not to use multiple accounts to sell the same goods.

2.8. When listing items for sale, you must provide a full and accurate description of items, including the main characteristics, the price (including VAT and any other applicable taxes), delivery options, delivery costs and any other costs. You must assign items to the correct category or categories.

2.9. You can sell ready-made items, or offer the option to make items to order.

2.10. When a buyer makes an order and pays for your item, a binding contract is made between you and the buyer.

2.11. You must ensure that you have access to the site within a reasonable time to respond to buyers’ requests for items that you advertise for sale, in accordance with timelines and procedures as described in your stall policies, and stall and goods descriptions.

2.12.You can include links to information about your goods or your business in the stall description. You must not link to an external shop in your stall or profile information.

2.13. The operation of the site will be funded by contributions based on sales. When you sell items through the site, a fee of 4% will apply. We will invoice you these fees from time to time. This does not apply for those selling goods on the site at launch (on 16 July 2011) or for a period of six weeks thereafter.

2.14. We encourage you to sell goods through the site. In some circumstances it may be appropriate for you to accept cash or another form of payment directly from the buyer. Where the sale lead was generated through the Makerhood website, you agree to pay 4% to Makerhood Ltd through a bank transfer or by other means.

2.15. You are responsible for arranging delivery or pick up of the items, as described in your stall and goods descriptions, with the buyer, unless you cannot authenticate the buyer. If this is the case, please contact us on help@makerhood.com.

2.16. We encourage you to sell items that you make yourself. In some circumstances, it may be appropriate for you to sell items made by someone else who lives or works in the areas covered by the site. To do so, you must first request permission in writing by contacting us at makers@makerhood.com. You must ensure you have the authority to sell these items, including written permission from the person who made the items.

2.17. All refunds are handled between the buyer and the seller through PayPal. If you refund a buyer’s purchase, you must mark the order as 'refunded' in the orders list, so that we can refund the site fee to you.

3. Buying

3.1. Before ordering an item, you must familiarise yourself with the stall policies of the seller from whom you are ordering. You agree to comply with the delivery and return processes as specified by the seller. You agree to provide correct and true information about your address to the seller in the delivery form if the goods are to be delivered to you.

3.2. You are responsible for agreeing with the seller how any item that you buy is to be delivered to you and for complying with any delivery arrangements that you make.

3.3. You agree not to ask to pay the seller in cash or by other payment methods outside the site’s payment system.

3.4. You agree that refunds for goods purchased on the site will be refunded through PayPal.

4. Workshops

4.1. Users who offer workshops, courses or run groups where people can learn new making skills (but only for objects that could be sold through this site in accordance with these terms of use and in particular paragraph 2.6. above) may advertise these on the site. Workshops, courses or groups that teach growing or mending skills may also be advertised.

4.2. When advertising workshops, you agree to include a clear, true and correct description of the content of the activities, and the date and time of the workshops. You agree to update the information if it changes.

4.3. You agree to handle any enquiries and bookings in relation to the workshops, courses or groups you have advertised.

5. Privacy policy

5.1. When using this website you will implicitly or explicitly provide personal information about yourself to us. In all cases we will treat your personal data in compliance with the UK Data Protection Act.

5.2. We will ask only for information that is necessary to provide you with services on this website or to enable you to take part in the Makerhood project. We will not keep the information longer than necessary for these activities.

5.3. We will share your personal information with other organisations only when necessary for operation of the site - for example, organisations which are involved in the site or the facilitation of transactions such as payment processors and credit card companies.

5.4. We will not share any information with third parties for marketing or promotional purposes without your permission.

5.5. In the case of a dispute with us or other site users, we will use the information you provided to help resolve the dispute. We may also disclose your information to third parties in order to protect our rights and the rights of others, including our legal advisers and law enforcement authorities.

5.6. We may, from time to time, send you important updates in relation to the site, or information about services, goods or activities that may be of interest to you. We will always provide a clear way for you to opt out of these communications.

5.7. Like other websites, we employ technical cookies to provide you with the services on the website. In particular, we will use a session cookie (used to store your login state from page to page, and to associate your shopping basket to you) and _js cookie to tell modules that the browser has javascript enabled. You may disable cookies in your browser’s security settings. However, this will make it difficult or impossible to use the Makerhood site services, because cookies are necessary for basic operations such as adding items to a shopping basket.

5.8. Like the majority of other online e-commerce services, we employ Google Analytics cookies (_utma, _utmb,_utmc, _utmz). These cookies are used to collect information about how visitors use our site. We use the information to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.

5.9. Any information you provide on the public parts of the site (such as forums, profiles, public comments fields, stalls or goods descriptions) will not be treated as confidential.

5.10. We may use your information to analyse your use of the site and to improve its services and performance.

6. Intellectual property

6.1. Any content you submit on the site, including in your stall and product descriptions, must be your own original work that you have the right to make available and does not infringe third-party rights.

6.2. In using the Makerhood website you allow Makerhood the right to re-use, edit, modify, repurpose and republish the content. You retain rights over copyright of all such content but provide a licence for Makerhood to use this content both on and offline in perpetuity. This will allow us to use the images and descriptions for the purposes of promoting the Makerhood website. We will usually discuss any such use with you in advance.

6.3. While using Makerhood you must not copy, modify, or distribute rights or content from our sites, services or tools or Makerhood's copyrights and trademarks without our express written permission.

7. Limitation of liability

7.1. The site provides a platform for users to trade things with each other and share information. Makerhood is not party to the contracts between you and other users.

7.2. You are responsible for any tax implications and other liabilities under existing law that arise from your activities on the site.

7.3. If you have a dispute with another user you must resolve it between yourselves.

7.4. We are not responsible for the products, services, or actions of you or any other user, and we do not review content, item listings, or terms of sale provided by you or any other user. We cannot guarantee that the identity of users or registered members is true and correct.

7.5. Although we are not responsible for users’ activities, you may report the apparent misconduct of site users to us on report@makerhood.com. At our discretion, we may investigate the report and take appropriate action.

7.6. We cannot guarantee any specific result from use of the site. You use the site at your own risk. While we will use our reasonable endeavours to maintain the site, we cannot guarantee that the site or its services will be error-free and uninterrupted, or that files you download from the site will be free of viruses or destructive features.

7.7. We retain the right to suspend, terminate or change the operation of the site, including any subdomains or services it provides, for any reason at any time without notice (although we will make reasonable efforts to advertise and inform registered users of any substantial changes in advance).

7.8. We may suspend or permanently withdraw the site and terminate your account without notice. We will not be liable for any loss, damage, expense or costs suffered by you as a result of suspending or withdrawing the site or terminating your account.

7.9. We disclaim all liability for the actions of site users and for any loss, damage, costs or expenses, both direct and indirect, incurred by you as a result of using the site to the fullest extent permitted by law.