Terms of Service - Farlang (original) (raw)

Last reviewed:30/10/2015

Our “Terms of Service” has the same text as the contract each member on FARLANG accepted and agreed to (by clicking the required “Agree” button”) when joining FARLANG. Each member is bound by terms set forth below. A link to our Terms of Service is provided as a reference at the bottom of each page on FARLANG, accessible in every browser and on every device.

MEMBERSHIP TERMS:

By opening a membership account and starting a member profile, member is automatically bound by and agrees to terms and conditions set forth below.
Terms of 12 months which will be automatically renewed for subsequent terms of one year each, unless terminated by the Member or FARLANG.com with at least thirty (30) days written notice prior to the end of a term.
Member will receive benefits according to the plan purchased.
Plans can be upgraded but not downgraded throughout the 12 month period with the start of each full new month.
Full profile text as well as at least 12 fully documented photos must be received within 30 days of signing up on FARLANG unless member can prove they do not have a (photographed) portfolio of 12 objects. In such case the complete portfolio (of less than 12) shall be posted instead.
All material developed to promote and otherwise help sell products such as 3D visuals, style-advice, fashion-combinations, augmented reality etc. remains the sole property of FARLANG.com and cannot be used without prior written consent.
Member will keep FARLANG’s Customer Support team updated of any changes in availability in inventory, re-stocking times, re-ordering production times inventory and any price-changes — due to raw materials price fluctuations or otherwise — by phone, email, IM, Skype, Social media messaging or otherwise and as soon as they become known in order for Team FARLANG to update their profiles.
Images are subject FARLANG’s photography standards unless approved otherwise.
Once an account is cancelled a reactivation fee of $250 will be charged when re-registration takes place within one (1) year after termination.
Payments are non-refundable. $25 will be added to late payments.
FARLANG has the right to pause or suspend a member’s profile — while member continues to be required to pay their membership dues for the duration of said suspension:
Member is not responding in a timely fashion to customer requests (within 2-3 days).
Member behaving in a rude/unprofessional manner to customers or towards other members or team FARLANG.
Members not following or ignoring instructions as provided by team FARLANG.
Member not updating their profiles, having outdated material listed in their catalog, refusing to provide PR material clearly available elsewhere and otherwise hindering the proper promotion of their profile, their catalog, event information.
Members otherwise engaging in activities that harm their own branding, those of the other community members on FARLANG and FARLANG’s own brand.

MEMBER, VENDOR, DESIGNER ECOMMERCE AND OTHER CATALOG TERMS:

1. Centralization of services and payments

a) Shop catalog (Fine Jewelry and Gemstone & Cameo categories)
FARLANG will centralize transactions, shipments and payments for any product listed in the ECommerce catalog (referred heretoforth to as “Shop”) and by which we mean all products listed in the “Shop” catalog with a shopping cart.

b) Luxury, Bridal catalogs, Custom & customization projects
FARLANG is not involved in any transaction of products listed in the Luxury, Bridal, Custom catalogs or any Custom or customization projects.

Any transaction, labelling, shipment, return etc are between the designer/vendor and the customer/consumer.

The remaining information below in this section pertain to point a): Shop (Fine jewelry and Gemstones & Cameos) catalog only.

c) Shipping & handling process, labels

Shipping costs

Consumers expect free shipping for orders over $100.

FARLANG will pay for shipping costs for items in the “shop” section (price < $2500) using normal, standard, non-expedited delivery options. Consumers will be charged the expedited surcharge for shop items.

For items over $2500 in luxury or any custom, bridal or any other type of special request or customized jewelry or gems: the vendor (designer) should carry the shipping costs as well as insurance.

Return shipping is paid by the consumer.

Labels

1. Shipping label: FARLANG will arrange for a pick up of the package. You will be provided a shipping label by email (PDF) which you can print out.

2. Return label: FARLANG will also provide a return label to you which needs to be included in the package in case the buyer wants to return the item.

3. Your own labels: Alternatively — should you prefer this — you can provide shipping and return labels and FARLANG will reimburse standard delivery costs.

Tags

1. Your own jewelry tags: we highly recommend you tag your jewelry before shipping. Our Terms & Conditions clearly state that jewelry tags may not be removed by the consumer before the 14 day return period has ended. This prevents them from wearing it, cleaning it and returning it within 14 days. We are looking for a centralized solution to provide you tags.

2. FARLANG jewelry tags: we hope to be able to provide jewelry tags you can use shortly should that be preferred.

d) Payment transactions

Payments FARLANG will process the payment on behalf of the designer/vendor using an integrated shopping cart process.

Refunds the consumer
FARLANG will manage customer refunds in case of warranty or return policy issues.

Payments to designer
Will be done through paypal, bank-to-bank, check, or other preferred means requested by designer. Payment will be presented after the expiration of the official return policy period, i.e. after fourteen (14) days after receipt of goods by customer has past

e) C ommission and costs paid

(Fine) fashion jewelry boutique only
FARLANG receives a 25% administration fee which includes:

1. Customer support to the end consumer
2. Fraudulent behavior and credit card fraud check
3. Shipping & (shipping) Insurance costs costs to the consumer (2-3%)
4. Credit card, payment transaction company and other 3rd party payment fees for payment by the end consumer (3-5%)
5. Any “10% off” welcome discount for first time or repeat clients or any other campaign which it deems necessary. (10%)

FARLANG VIP/Luxury members
FARLANG does not charge additional commission on online sales.
FARLANG, however, will charge a fee of 4-6% to cover the following:

1. International credit card and currency conversion costs (3-4%)
2. Shipping (free shipping offered to consumer) unless paid by the designer (1-2%)

f) Centralized Fraud Detection

International Address Check
For every first order the consumer is required to have the same shipping address as their billing address OR have a validated office/business address.

Fraud Artificial Intelligence
Fraud has patterns. Big data, machine learning cloud-based services can help detect such patterns and increase the likelihood of discovering fraud. FARLANG will offer a dual fraud detection method no other jewelry marketplace offers:

1. Our payment processor (Stripe: a silicon valley startup now valued at $1 billion+) has an API for machine learning fraud protection which will be integrated into any online transaction on FARLANG

2. Some time in 2016 an additional, separate AI (machine learning) fraud protection system — founded by former Google’s anti-fraud team — will be integrated on FARLANG

2. Customer support

a. Q&A
FARLANG will provide basic answers (Q&A) to customers who email FARLANG support with questions or in need of assistance.

b. Filter requests
They will also filter bogus and spam Q&A requests and only route through requests that look sincere and serious. Any further contact or communication part of the sales process shall be between designer and customer. In particular discussions, communication exchanges about the specific details of the object for sale, etc.

c. Cancellation of orders
FARLANG’s team will communicate cancellation of any orders in the “Shop” (Ecommerce catalog) with customer and designer and help bridge the process as smoothly and expediently as possible.

CONDITIONS:

FARLANG Corp. (“FARLANG”) agrees to publish images and information provided by the Member on the FARLANG web site (the “Site”) during at least the term specified in this Agreement. FARLANG reserves the right to reformat the data and images received from Member in order to accommodate the format of the Site. FARLANG reserves the right, in its sole discretion, to re-locate, re-position and/or modify the size or shape of any advertising banner in the event of any re-design, modification or other changes to the Site. In the event that FARLANG changes the location, position, size and/or shape of the advertising banner, FARLANG will provide Member with similar visibility, positioning and size on the re-designed, modified or changed Site. Payments are non-refundable.

For Members paying annually in advance this Agreement is fully earned upon posting of images on the Member’s homepage or thirty (30) days after signing this Agreement, whichever is earlier, and is non-cancelable by the Member. FARLANG may terminate this Agreement in the event that Member fails to make a payment under this Agreement when due, or is misusing or threatening to misuse FARLANG’s trademark or other intellectual property. In the event FARLANG terminates this Agreement, it may accelerate all payments due under this Agreement.
Member represents and warrants that it has the right to publish the images and information supplied to FARLANG, and that such images and information do not infringe on any third party’s rights and are not otherwise unlawful. Member shall defend, indemnify and hold harmless FARLANG and its officers and directors from and against any and all losses, damages, liabilities and claims, and all fees, costs and expenses of any kind related th ereto (including, without limitation, reasonable attorneys’ fees) arising out of, based upon or resulting from any claim of any third party alleging infringement of any copyright, trademark, patent, trade secret, right of privacy, right of publicity, unfair competition, false advertising, libel, or any other statutory or common law proprietary or civil right. FARLANG is a registered trademark of FARLANG Worldwide Corporation.

FARLANG’s liability arising under this Agreement or arising out of mistakes, accidents, omissions, errors, or defects, or aris ing out of delays caused by judicial or regulatory authorities, shall be subject to the limitations set forth below. In no event shall FARLANG be liable to Member or to any other third party with respect to the subject matter of this Agreement under any contract, warranty, negligence, strict liability or other theory for any type of indirect, consequential, incidental, reliance, special, or punitive damages, or for any lost profits, lost revenues, or lost savings of any kind arising out of or relating to this Agreement or the obligations of FARLANG pursuant to this Agreement, whether or not FARLANG or Member was advised of the possibility of such damages and whether or not such damages were foreseeable. In no event shall FARLANG be liable to Member for any amount in excess of the aggregate amount FARLANG has prior to such time collected from Member. For purposes of this Section, the term “FARLANG” shall be deemed to include FARLANG, its affiliates, parent, shareholders, directors, officers and employees and any person or entity assisting FARLANG in its performance pursuant to this Agreement.

No waiver by either party of any conditions or the breach by the other of any term or covenant contained in this Agreement wh ether by conduct or otherwise, in any one or more instances shall be deemed or construed as a continuing or further waiver of any other condition, or of the breach of any other term or covenant set forth in this Agreement. Moreover, the failure of either party to exercise any right hereunder shall not bar the later exercise thereof. If any term of this Agreement is held to be invalid or unenforceable, for any reason, such invalidity or unenforceability shall not affect any other term or provision hereof. This Agreement shall be construed, interpreted, and applied in accordance with and governed by the laws of the State of California and the country of The Netherlands, without giving effect to the conflict of law provisions thereof. This Agreement constitutes the full and complete understanding and agreement of the parties with respect to the subject matter hereof, and supersedes all prior understandings and agreements.