General Site Use Policies
Fervous (fervous.com) is an online venue marketplace and social community website that allows the buying and selling of handmade & handcrafted goods, vintage items and collectables, and craft supplies. Individuals my buy items with or without an account; individuals or business entities may sell qualified products using a membership account and shopfront provided by Fervous and hosted on the Fervous.com website.
Fervous does not directly sell or is not directly involved in any transactions conducted on Fervous.com.
Fervous services are only available to users who are 18 years of age or older and can legally create a binding contract between buyer and seller. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. The parent or legal guardian assumes responsibility of all activities carried out by the minor user. Both the user and the parent/legal guardian agrees that Fervous shall not be held responsible for any damages incurred by non-adherence to this policy.
Access to personalized member profiles, member to member interaction, community forum access, and general shopping usage is offered at no charge to all Fervous members. These privileges- individually or in total- can be restricted or revoked at anytime without notice.
Access to a seller account and shop functions are provided at no cost to members. Fervous currently charges no monthly fees and no listing fees. There is a final value fee of only 5% for each sale (shipping costs are excluded from the final value fee).
Stripe’s transaction fees are (as of June 2015) 2.9% + .30 per successful transaction. The seller account is provided upon registering to open a shop on Fervous.
Sellers are REQUIRED to have a connected Stripe Account (free) to accept payments from sales and receive their funds from sales , a verified payment method and valid contact information.
It is the sole discretion of Fervous to grant site usage, as well as to revoke site usage at any time, for any reason and without notice. Fervous reserves the right to review, restrict, suspend or terminate any member’s account at anytime without explanation or notice.
By your use of the site you agree that Fervous is not liable to you or any third party for the termination of your account, or restriction from website usage. Fervous retains the right to refuse services and site access to any member and suspend any account at its sole discretion.
Fervous users are welcome to utilize our community to make connections, collaborate, promote their shops, report issues, or have conversations with new found friends and business owners. Community space includes all areas where user submitted content is published and available for the public or other users to review or read: forums, blogs, profiles, messages, comment sections, wishlists, member information and media, tutorials, etc.
To ensure that Fervous continues to be a space that is welcoming, safe and respectful, we ask that you follow these common guidelines:
- Users must be 18 years of age or older to participate in the community spaces unless under constant supervision of a parent or guardian.
- Use the Fervous profile messaging system to conduct business or converse with other users privately. Spamming or harassment via the message system is PROHIBITED and will result in account suspension and/or termination.
- Respect member privacy. Do not share personal identifying information about yourself, your buyers, sellers or other Fervous users in public areas of the site. Fervous Moderators and Admin will remove content which violates this policy as quickly as possible. Members who violate this policy will be at risk of account suspension and/or revocation of community prvilages if the behavior is repetitive.
- Do not use any of the community spaces or tools to interfere with or denigrate another user or the Fervous marketplace in general.
- Be respectful and professional. Aggressive, threatening, harassing, vulgar or hateful language posted in community spaces is not tolerated. Members who engage in this conduct will be suspended and/or have community privileges revoked.
As a member of the Fervous community, you may report an item, a member, behavior or a shop that is not meeting these Fervous Community Guidelines. Reporting items, members or behavior that you believe to be damaging to another member or the community in general is handled confidentially.
Any violations should be reported to: firstname.lastname@example.org
By registering as an Fervous.com user or accessing the site you hereby agree that:
You use the Fervous.com site and service with the knowledge that it is at your own risk. The website and service are provided “as is” and there is no warranty or guarantee implied as it pertains to availability, access, or transaction.
Fervous and its staff are in no way liable for the availability, accessibility, merchantability, marketability, performance, fitness or reliability of the Fervous site and services.
No advice, communication or other information provided by Fervous and its staff shall create any warranty our guarantees.
By executing any transaction or viewing or using any portion of this site you agree to hold harmless Fervous and its staff from any claim resulting from violation of this agreement, accessing this site or engaging in any transaction or interaction stemming from the access of this site.
Selling & Buying on Fervous
Joining Fervous as a seller and opening a shop requires confirmed contact information, and a connected Stripe Account.
Fervous charges no listing fees and no monthly fees. Fervous charges a 5% final value fee for each sale (excluding shipping). Stripe’s transactions fees are (as of June 2015) 2.9% + .30 per successful transaction.
Seller’s Shipping Charges
In certain situations such as canceled or fraudulent transactions, contact us at email@example.com if you are in need of assistance with handling the situation. Otherwise, any refunds will be processed by the seller through their Stripe account at Stripe.com.
Stripe (our chosen payment processor) charges a fee of 2.9% + .30 per successful transaction (rates as of June 2015).
Any changes in fees will be enacted at our sole discretion; however, not without advanced previous notification to our users.
For reasons which we believe are beneficial for both our sellers and buyers, we have chosen STRIPE as our payment processor for Fervous.com. Sellers are required to sign up for a (or use an existing) free account with Stripe https://stripe.com in order to receive payments on Fervous. Stripe’s transaction fees are very competitive: Stripe has no monthly fees and a dead simple pricing structure, charging just 2.9% + $0.30 per transaction (as of June 1, 2015). Fees are reduced if your sales volume exceeds $80,000/month. See https://stripe.com/us/pricing
Please view the eligible countries which are supported by Stripe.
With Stripe, you can accept payments from almost any credit card and debit card, no matter where your customer lives. In order to accept payments with Stripe, however, your business must be based in one of the countries Stripe supports. STRIPE SUPPORTED COUNTRIES
- Brazil (private beta- contact Stripe)
- Mexico (private beta- contact Stripe)
- Portugal (private beta- contact Stripe)
- Singapore (private beta- contact Stripe)
- Switzerland (private beta- contact Stripe)
- United Kingdom
- United States
Please feel free to contact us with any questions or concerns before signing up for your vendor account on fervous.com. We are glad to help you and answer any question you may have. firstname.lastname@example.org
Fervous provides a platform for buyers and individual sellers to buy and sell handmade, vintage and craft supply goods. Only handmade items, handmade or handcrafted supplies, vintage (20 years old or older) goods or supplies for making and crafting may be sold on Fervous.
Sellers may only list products and conduct sales transactions for items that they are legally able to sell. Any item that does not meet this criterion will be removed at our (Fervous staff) discretion and the seller’s account will be evaluated for possible suspension or termination.
Sellers warrant that the products that are offering and listing for sale on Fervous.com are described accurately and completely. Any deceptive practice of bundling listings, excessive shipping fees, mis-categorizing items or other activity against our TOU or committed to attempt avoid proper agreed commissions payments to Fervous for each sale will result in possible suspension or termination of membership and all seller privileges and functions.
We will always work hard to support and help our members succeed in their business endeavors, as well as work to ensure that our buyers are pleased and are able to enjoy a pleasant and safe shopping experience on Fervous. However, in the unfortunate event that it is deemed necessary by us, Fervous reserves the right to review, restrict, suspend or terminate any member’s account at any time without explanation or notice (notice is usually given in any of these cases). Fervous reserves the right to remove content which is deemed to be inappropriate, damaging, harmful or illegal, or content we feel, at our discretion, is inappropriate to the Fervous marketplace or the members of Fervous.com.
The transaction between buyer and seller shall be considered a legally binding contract between those two parties. Fervous shall not be held liable, nor will Fervous be required to mediate or adjudicate the transaction or any resulting conflict between the two parties. The seller/shop owner is responsible for the safe delivery of the sale item(s). The buyer will be responsible for paying for items purchased, in accordance with the policies and terms and conditions set forth by the seller. Buyers and sellers are responsible for all communication, specification and/or customization requests or any other needs related to the transaction(s). Emails and conversations relating to any customization or work specified other than what it listed on product listings should be logged and kept by the seller and buyer in case of future dispute(s).
The seller of an item or items may not misrepresent the item to be sold in ANY way.
Member account sharing is prohibited. Violation of this policy will result in an investigation by Fervous, and possibly lead to the suspension or termination of the member account or other punitive actions deemed appropriate by Fervous.com.
As a business owner, a seller is responsible for interpreting and correctly applying tax laws in your local jurisdiction ( city, county, state, country or other tax region). Fervous cannot provide legal or tax advice. Stripe will provide any tax forms (such as a 1099-K) that may apply to a seller or business. Fervous does not provide any tax forms or tax settings. Adherence and collection of proper tax data and documents is solely the responsibility of the seller.
Collection of appropriate taxes and remittance to appropriate authorities within the regulations and laws of a seller’s local jurisdiction remains the sole responsibility and liability of the seller. Fervous does not collect or make tax payments on any seller’s behalf. All sellers have the ability to set tax calculations in their shop, or to leave them blank and collect tax independently.
By using the Fervous platform to conduct your business, you (the seller) agree that Fervous is not responsible for determining taxation applicable to your business and that you will ensure all proper taxes are remitted to the respective tax authorities.
Individual Vendor Shop Policies
Transactions & Sales
Through the use of Fervous.com, buyers and sellers will create legally binding contracts for the sale of goods and services. Both parties are expected to fulfill the arrangement for the purchase and sale of goods and or services.
Fervous is not directly involved with any transaction or associated agreements made between parties who engage in the buying and/or selling of goods on the site (Fervous.com). Fervous accepts no responsibility, nor shall be held liable for the transactions that occur as a result of usage of the website. Fervous does not and can not guarantee the accuracy of descriptions, safety, quality, legality, or authenticity of any products listed in the marketplace on Fervous.com or in the seller’s individual shops on fervous.com.
First and foremost, buyers and sellers should use the messaging system within Fervous to attempt to resolve a dispute regarding a transaction on fervous.com.
For disputes which are not being resolved that need attention, please contact Fervous through our support forums or via our contact page. We will reply promptly to assist. FIRST and foremost, use every reasonable attempt and known channel to directly contact the party with which you are conducting a transaction- buyer or seller.
In the event that a dispute arises between one or more users of the Fervous site or a 3rd party, Fervous will be considered free of any and all claims, damages or demands created by the dispute. While we will always attempt to maintain a safe, free trade environment, Fervous has no obligation to mitigate or resolve disputes between users and other parties. Fervous encourages users to use the proper local, national or international authorities to assist in dispute resolution. Transactions are conducted through STRIPE, so any financial refunds or charge backs will occur within the Stripe system.
Please contact email@example.com with any questions or to notify us of a possible dispute.
The following products are PROHIBITED from being sold on fervous.com:
- Dangerous Chemicals
- Any item that which in whole or in part is subject to a recall.
- Stolen Items
- Pornography. Art/tasteful nudity is permitted; at OUR discretion we may request that a questionable item be removed or censored. Products intended as porn are prohibited.
- Mass produced electronics
- Manufactured products
- Protected antiquities
- Real estate
- Ivory or animal products from endangered species collected illegally
- Motor vehicles, or parts for motor vehicles or recreational vehicles
- Any item or service that violates applicable local, state, federal, or international law in regard to manufacturing, distributing, advertising, or transporting said item.
- items not in your possession or items you don’t intend to deliver
- Illegal, counterfeit or contraband items of any sort.
- Items, materials or products that are copyrighted, trademarked or patented by another party.
- Pirated materials.
- Replica items, including designer items.
- Personal data or information.
- Items or products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transaction information of any sort.
- Misrepresented items or products.
- Harmful, harassing, intimidating or defamatory materials, products or items.
- Hazardous materials, products, or items.
- Prostitution or other similar services.
- Any product or service that Fervous determines to be inappropriate, harmful, fraudulent, or illegal.
- Mature items intended for adults due to language or imagery that falls outside of traditional acceptable standards that are not properly identified as “mature” in the listing process.
- Any items that are not able to be classified as handmade, vintage (20 years old or older), or a craft or maker supply.
Please note: Any item can be removed, at any time, from sale on Fervous at our discretion.
Don’t try to pass off another person or entity’s work as yours. If you didn’t make it and/or don’t own the right to it- DO NOT POST IT HERE ON FERVOUS.
Any and all content uploaded to the site including text, descriptions, images, reviews, posts, and articles retains the original copyright of the owner/creator.
By accessing the site and uploading content to Fervous.com, the creator agrees to grant worldwide non-exclusive right to Fervous to re-publish said content for the purposes of promoting or providing benefit to the community and marketplace of Fervous. We will NOT use your content for purposes other than to promote Fervous or your shop on Fervous.com. In other words, we will make posts on Twitter, Facebook and other social media sites that may contain the featured image of your product; we will send promotional emails; we will set up promotional advertising on Google, Yahoo and other internet channels; among other methods of marketing and advertisement for Ferovus.com and all of our sellers/shops. Proper credit will be applied whenever possible, and as clearly as possible, so as to recognize the copyright holder of the product/image.
All domains, logos, graphics, images, photography, copy, text, video, audio and site design created by Fervous, Fervous staff, or contractors of Fervous are considered the trade dress of Fervous. Any and all data aforementioned is copyrighted and may not be used without the express written permission of Fervous.
Send copyright infringement concerns to: firstname.lastname@example.org Copyright infringement will not be tolerated on Fervous. Fervous may take any or all of the following actions in response to a notice of infringement, including (1) removing the material or access to the material claimed to be infringing; (2) notifying the allegedly infringing party so that they may make a counter notice; (3) possibly removing repeat offenders from Fervous.com and suspending or terminating their seller privlages.
Digital Millennium Copyright Act and U.S. intellectual property laws in general will be followed.
Only the actual copyright/trademark owner or legally authorized agent can send a proper notice. Unaffiliated third party claims are not acceptable challenge to seller(s) items. Please note that falsely or incorrectly requesting removal under the DMCA may make the requesting party liable for damages. By submitting a notice you are certifying that you have researched the appropriate rulings and laws regarding infringement notices and you accept the liability for false or damaging takedown requests. Fervous may inform the alleged infringing party of the notice including providing a copy of the notice itself and the notifying party’s contact information.
Please report copyright infringement to: email@example.com
The Nitty Gritty
You agree to comply with and be bound by the following Terms:
Fervous serves as an online marketplace to allow qualifying users to offer, sell and purchase goods for an agreed upon price. Fervous has no involvement in the consummation of a contract between a seller and a buyer. Accordingly, Fervous has no liability or responsibility for any matter arising out of the transaction between a seller and a buyer. You should be comfortable in all respects with a seller before You purchase goods from the Site.
You may use the Services and the Site and the content owned and provided by Fervous solely in connection with the intended purposes of the Site. No right, title or interest in any Fervous Content is transferred to You. Fervous retains all of its intellectual property rights in all Fervous Content. Except as expressly authorized by this Agreement, or otherwise agreed to by Fervous, You may not use, alter, copy, distribute, transmit, or otherwise appropriate any Fervous Content obtained from the Site or the Service, except as expressly permitted by the Terms or as otherwise agreed to by Fervous.
You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site or the Fervous Content. You agree not to add to, subtract from, or otherwise modify the Fervous Content, or to attempt to access any Fervous Content that is not intended for You. You agree not to use the Site in any manner that might interfere with the rights of third parties.
While using the Fervous Site You will not:
- Be false, misleading, inaccurate or include inaccurate, misleading or false information to a buyer or seller or on any Storefront which You maintain.
- Act in a fraudulent way or become involved in the sale of stolen or counterfeit items.
- Violate any local, state, federal or other applicable laws or the rights of third party parties.
- Access or use the Site if You are not able to enter into legally binding agreements, are under the age of 18, or are temporarily or indefinitely suspended from the Site.
- Fail to deliver payment for items purchased by You.
- Fail to deliver items purchased from You if You are a Seller.
- Infringe on another party’s right, title and interest in and to their intellectual property including copyrights and trademarks.
- Interfere with the sales of other online sellers in any way that injures, damages or negatively affects their use and enjoyment of the Site.
- Be libelous or defamatory with any information posted on the Site.
- Disseminate or display spam, chain letters or pyramid schemes.
- Contain or transmit code or employ other actions which may harm Fervous , the Site, the Fervous Content or the interests or property of Fervous users.
- Copy, modify, or distribute content from the Site and/or Fervous ‘s copyrights and trademarks unless agreed to by Fervous
- Collect information about users, including email addresses, without their consent.
- Disseminate or display content or information that (a) is offensive or inflammatory, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individuals; (b) promotes illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices, or (c) provides pirated content or links to pirated content files.
- Be obscene or post any information that contains pornography including child pornography.
- Violate the Seller Policies, as the case may be, if You are a seller/shop owner.
- Use any automated means to access the Site for any purpose without the express written permission of Fervous
- Take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or the ability to operate the Site as determined solely by Fervous .
You are solely responsible for Your conduct while using the Site and for any and all information, store listings, advertisements, proposals, data, text, pictures, graphics, music, sights, sounds, depictions, images, photographs, audio, video and links (individually and collectively the “Third Party Content”) that You submit, post, and display on Fervous . Further, as a Seller, You are solely responsible for each individual item of Third Party Content You display, link to or otherwise make available through the Site. You agree Fervous has no control, and is not responsible for the Third Party Content appearing on the Site, and by using the Site or making purchases, You may encounter Third Party Content which You find is inaccurate, inappropriate, inflammatory or otherwise of concern to You.
Fervous makes no representation or warranty of any kind concerning the truth or accuracy or any other aspect of any information posted on this website by a User or any other information appearing at websites which are linked to in any Third Party Content. As a Seller, You agree that You are solely responsible for all content, material and Third Party Content appearing in Your storefront or in any links appearing within Your storefront. You agree that Fervous does not pre-approve or review Third Party Content; however, Fervous retains the right but not the obligation to deny, remove or alter any Third Party Content that appears on the Site, if in the sole discretion of Fervous, such Third Party Content violates the Terms.
The Site and the Fervous Content are protected by laws of the United States, and belongs solely to Fervous . You may not use, change or amend in any way the Site or the Fervous Content without the prior written approval of Fervous. As a Seller, You are granted a revocable non-exclusive license as part of the TOU, as the case may be, to utilize references to Fervous and its logo in connection with linking to Your Storefront on the Site from other web pages.
Fervous does not claim ownership rights in Your Third Party Content. When You post or display Third Party Content on the Site, You grant to Fervous a license to use and display the Third Party Content on the Site. You grant Fervous a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) You have in the Third Party Content, in any media now known or not currently known, with respect to Your Third Party Content. In the event a third party re-posts Your Third Party Content, You agreed to hold Fervous harmless from any liability arising out of a dispute concerning the use of Your Third Party Content. Ehem…. Pinterest.
Fervous works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at firstname.lastname@example.org
Fervous retains the right to limit, suspend, or terminate Services for any user, prohibit access to the Site and take other actions deemed appropriate by Fervous to keep users off the Site if We conclude a user is in violation of the Terms or other agreement with Fervous .
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services and the Site and Your listing, sale, acquisition, advertising of offers to sell and purchase goods and services.
You and Fervous are independent of one another and consequently, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
These Terms are effective beginning June 1 2015 for all current and future users. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience
(your information helps us to better respond to your individual needs)
- To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To administer a contest, promotion, survey or other site feature
- To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
Third party links