Accepting these Terms

This document and the other documents that we reference below make up our rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Efaisto.

This contract sets out your rights and responsibilities when you use the services provided by Efaisto (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

Those Other Documents We Mentioned

Efaisto’s Services connect people around the world, both online and offline, to make, sell and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

Our rules for Makers. If you list any items for sale through our Services, these policies apply to you. You can read them here.

Our rules for Users. If you use our Services to browse or shop, these policies apply to you. You can read them here.

All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy & Cookies policy details how your information is used when you use our Services, and it’s also a part of our Terms, so please read it here.

Your Account with Efaisto

You’ll need to create an account with Efaisto to use some of our Services. Here are a few rules about accounts with Efaisto:

A. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.

B. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.

C. Choose a nice username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.

D. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment or franchisee relationship between you and Efaisto.

Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant Efaisto a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Efaisto function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

C. Rights You Grant Efaisto. (Here’s the legalese version of the last section). By posting Your Content, you grant Efaisto a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Efaisto, your Efaisto shop, or the Services in general, in any formats and through any channels, including across any Efaisto Services or third-party website or advertising medium.

That sounds like a lot, but it’s necessary for us to keep Efaisto going. Consider these examples: if you upload a photo of a listing on your Efaisto shop, first, we have permission to display it to users, and second, we can resize it so it looks good to a user using our mobile app; if you post a description in English, we can translate it into French so a user in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Efaisto’s.

D. Reporting Unauthorized Content. Efaisto has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.

E. Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Efaisto’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

• A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against Efaisto, another Efaisto user or a third party.

• B. Pay Your Bills. You are responsible for paying all fees that you owe to Efaisto. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

• C. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

• D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

• E. The name “Efaisto,” and the other Efaisto marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Efaisto in France and other countries. If you’d like to use our trademarks, please contact us.

• F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Efaisto (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

• G. Talk to Us Online. Efaisto will provide you with certain legal information in writing. By using our Services, you’re agreeing that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

Termination

Termination By You. We hate to see you go, but you may terminate your account with Efaisto at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

Termination By Efaisto. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. Efaisto may refuse service to anyone, at any time, for any reason.

If you or Efaisto terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Efaisto reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that Efaisto does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced and sold directly by independent makers, so Efaisto cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the maker of the item. You release Efaisto from any claims related to items sold through our Services, including for defective items, misrepresentations by makers or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Efaisto is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Efaisto is not a party to those agreements; they are solely between you and the third party.

Warranties. Efaisto is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.

We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability Limits. To the fullest extent permitted by law, neither Efaisto, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Efaisto’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Efaisto in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if Efaisto gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Efaisto (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Disputes

If you’re upset with your experience on Efaisto, let us know, and hopefully we can resolve your issue. If you find yourself in a dispute with another user of Efaisto’s Services or a third party, Efaisto will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Efaisto has no obligation to resolve any disputes.

Users and makers who are unable to resolve a dispute related to a transaction on our website may request support from Efaisto to enforce the following standard policy;

- If the maker made a minor mistake, they will either help to have it fixed at their expense, or let you keep the product and receive a refund equivalent to 30% of the defect product value. 

- If the maker made a major mistake, they will either help to have it fixed at their expense, or let you keep the product and receive a refund equivalent to 100% of the defect product value.

A major mistake is a deviation from the original order that significantly alter the intended usage, look or feel of the product. A minor mistake is a deviation from the expected output which does not significantly alter its intended usage, look and feel.

For example, in the unlikely case a pair of shoes do not fit, although you provided the correct measurements, it will be considered as a major mistake from the maker as you cannot wear it. You will then get to keep the product, and receive 100% of your money back. An example of a minor mistake is a blue bifold wallet whose color is slightly darker than the one you were expecting. As the wallet is still fully functional, this situation is considered a minor mistake from the maker. You will then get to keep the product, and receive 30% of your money back. 

In case of issue with your order, just get in touch through [email protected] Mention you order code together with any material that would help us settle the dispute; eg. pictures of the product highlighting the sections with an issue. We will react as fast as possible to ensure your full satisfaction with your experience on Efaisto.

Release of Efaisto

You release Efaisto from any claims, demands and damages arising out of disputes with other users or parties. 

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Efaisto regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

Contact Information

If you have any questions about the Terms, please email us at: [email protected]