TERMS OF USE:

1. Accepting These Terms

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

The Terms are a legally binding contract between you and The 8th House Collection (“8th House” for short). This contract sets out your rights and responsibilities when you use the8thhousecollection.com. Please read it carefully. By using any of our services, you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our services.

2. Other Documents

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 House Rules for Everyone. If you use any of our services, you agree to these Terms, our Privacy Policy and policies below:

Our House Rules for Sellers. If you list any items for sale through our services.

Our House Rules for Buyers. If you use our services to browse or shop.

3. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our services. By using our services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.

Both 8th House and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not 8th House, will be responsible for that unauthorized disclosure.

4. Your Account with 8th House

You’ll need to create an account with 8th House to use some of our services. Here are a few rules about accounts with 8th House:

  1. 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.
  2. Choose a nice username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the terms.
  3. 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.
  4. 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.

5. 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.).

  1. 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.
  2. Permission to Use Your Content. By posting Your Content through our Services, you grant 8th House a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help 8th House function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your listings.
  3. Reporting Unauthorized Content. 8th House 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 at the8thhousecollection@gmail.com. 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.
  4. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on 8th House. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, 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.

6. 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:

  • 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.
  • Pay Your Bills. You are responsible for paying all fees that you owe to 8th House. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our services. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.
  • 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.
  • 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.
  • Follow Our Trademark Policy. The name “The 8th House Collection” and the other 8th House marks, phrases, logos, and designs that we use in connection with our services, are trademarks, service marks, or trade dress of 8th House in the US and other countries. If you’d like to use our trademarks, please contact us at the8thhousecollection@gmail.com

7. Termination

Termination By You. We’d hate to see you go, but you may terminate your account with 8th House at any time from your account settings.

Termination By 8th House. We may terminate or suspend your account (and any related accounts) and your access to the services at any time, for any reason, and with advance notice of 3 days. 8th House may refuse service to anyone, at any time, for any reason.

We May Discontinue the Services. 8th House 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.

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

Items You Purchase. You understand that 8th House does not manufacture, store, or inspect any of the items sold through our services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so 8th House 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 seller of the item. You release 8th House from any claims related to items sold through our services, including for defective items, misrepresentations by sellers, 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. 8th House 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). 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. 8th House is not a party to those agreements; they are solely between you and the third party.

9. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if 8th House gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend 8th House (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.

10. Disputes with Other Users

If you find yourself in a dispute with another user of 8th House’s services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Buyers and sellers who are unable to resolve a dispute related to a transaction on our website may contact us. 8th House 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. 8th House has no obligation to resolve any disputes.

Release of 8th House You release 8th House from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with 8th House

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our services:

  1. Governing Law. The Terms are governed by the laws of the South Carolina, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
  2. Arbitration. You and 8th House agree that any dispute or claim arising from or relating to the terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the terms, you and 8th House are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
  3. Forum. We’re based in Charleston, South Carolina so any legal action against 8th House related to our services must be filed and take place in Charleston. That means the seat of any arbitration shall be Charleston.

12. 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 (1) posting the changes and (2) sending you an email about the changes. 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.

13. Contact Information

If you have any questions, email us at: hello@the8thhousecollection.com

BUYER POLICY

The 8th House is where you can purchase unique goods directly from sellers around the world. Whether you are looking for handmade or vintage goods, we want you to have a positive experience shopping on 8th House. Please read on to find out more about your rights, as well as what is expected of you, as a buyer.

This policy is a part of our Terms of Use. By shopping on 8th House, you’re agreeing to this policy and our Terms of Use.

1. Understanding 8th House’s Limitations as a Venue

The 8th House Collection (which we refer to as “8th House” throughout this policy) provide a venue for buyers to find, learn about, and enter into transactions with sellers around the world. It is important to note, however, that 8th House is not a part of that transaction. By shopping on 8th House you understand that:

  1. You are not buying directly from 8th House, but from one of the many talented sellers;
  2. Although 8th House selects its sellers and we do not guarantee or endorse any items sold through our services or any content posted by sellers (such as photographs or language used in listings or shop policies); and
  3. Each seller on 8th House has their own processing times, shipping methods, and shop policies.

Please contact us if you feel an item or a shop violates any of 8th House’s policies; hello@the8thhousecollection.com

2. Purchasing an Item on 8th House

When you buy from a shop on 8th House, you’re directly supporting an independent business, each with its unique listings, policies, processing times, and payment systems. By making a purchase from a seller on 8th House, you agree that you:

  1. Have read the item description and shop policies before making a purchase;
  2. Have submitted appropriate payment for item(s) purchased; and
  3. Have provided accurate shipping information to the seller.

3. Leaving a Review of an Item

Reviews are a great way to learn about a seller’s items, help good sellers build a strong reputation, or help warn other buyers about a poor experience.

You can leave (and edit) a review, including a one to five star rating, for 100 days after your item’s expected delivery date. The estimated delivery date is the purchase date + processing time + shipping time.

Sellers may respond to reviews of three or fewer stars. Sellers’ responses to reviews must also comply with this policy. Sellers may report reviews that violate our Terms of Use.

We reserve the right to remove reviews that violate our policies.

6. Reporting a Problem with an Order or Returning an Item

8th House’s Review System

Although 8th House is not directly involved in a transaction between a buyer and a seller, we provide a review system in the unlikely event your purchase from a seller does not go as expected. You can contact us to review your case and work to find a resolution with the seller in the event of a non-delivery or if an item you receive is not as described in the listing. You can contact us for the following circumstances:

Non-Delivery
A non-delivery occurs when a buyer places an order and submits payment, but the seller does not ship the item. The following are examples of non-delivery cases:

  1. An item was never sent.
  2. An item was not sent to the address provided on 8th House.
  3. There is no proof that the item was shipped to the buyer’s address.

Not as Described
An item is not as described if it is materially different from the seller’s listing description, or if it differs from an agreement between seller and buyer for a custom design. It is the seller’s responsibility to receive written approval for a custom design.

Not as described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:

  1. The item(s) were ordered for a specific date or event.
  2. A deadline was agreed upon by the buyer and seller.
  3. The item(s) are rendered useless after that date.

Since many of our sellers provide custom designs, it is the responsibility of the buyer to inquire on the lead time for design and production.

Ineligible Transactions
Some disputes don’t qualify for 8th House’s review system. These include:

  1. Intangible items, services, or prohibited items.
  2. Transactions where payment is not made through Paypal.
  3. Items that are returned without a return agreement.
  4. Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer.
  5. Items that are received after the agreed-upon delivery date due to shipping delays.
  6. Cost of shipping disputes.

Requesting a Cancellation

Only sellers may cancel transactions. Buyers may request that a seller cancel.

Returning an Item

Each seller has his or her own return policies, which should be outlined in their Shop Policies. Not all sellers accept returns.

PRIVACY POLICY

1. Information Collected or Received

In order to use 8th House’s services, you need to provide us with a valid email address, and a username or alias to represents your identity on 8th House. You need to provide this information to enable us to provide you with services. Depending on which services you choose to use, additional information, such as a shop name, billing and payment information, a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. You are not required to provide us with this information to sign up, but we will need it to provide certain services. 8th House may contact individual shop owners confidentially to request more information about their shops or items listed through the services, or to ensure compliance with our rules and applicable law. In order to use certain products or services on 8th House, you may be required to complete an application; information that you submit through the application processes will not be displayed publicly and will only be used internally by 8th House, unless otherwise specified.

2. Security

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the services. If you have any questions about the security of your personal information, you can contact us at hello@the8thhousecollection.com.

8th House follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

3. Data Retention

8th House will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your member account), or as needed to provide our services to you. If you no longer want 8th House to use your information to provide services to you, you may close your account. 8th House will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, and enforce our agreements. In addition, 8th House sellers may also be required to retain and use your information in order to comply with their legal obligations.

4. Your Rights

If you would like to manage, change, limit, or delete your personal information, you can do so by contacting us; hello@the8thhousecollection.com. By visiting your account settings, you can access, correct, and change certain personal information associated with your account.

5. Withdrawing Consent

You have the right to withdraw your consent to our processing of your information and your use of 8th House services. You can do this at any time emailing hello@the8thhousecollection.com to request that your personal information be deleted.

6. Privacy Policy Changes

We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes on or through the services and (2) sending you an email or message about the changes. Changes will be effective upon the posting of the changes and your acceptance of the changes, which will be through your continued use of our services after the changes take effect.

7. Contact 8th House

If you have questions or suggestions about personal information you can contact us by sending an email to hello@the8thhousecollection.com

 

SELLER’S POLICY:

1. What Can be Sold on The 8th House Collection

Buyers come here to purchase items that they might not find anywhere else. Everything listed for sale on 8th House must be handmade.

Handmade items are items that are made and designed by you, the seller. If you sell handmade items, you agree that:

  1. All handmade items are made or designed by you. If you work with a production partner, you must disclose that production partner in your relevant listings.
  2. You accurately describe every person involved in the making of an item in your shop in your About section.
  3. You are using your own photographs — not stock photos, or photos used by other sellers or sites.

If you are selling custom items in the Handmade category, you agree that:

  1. All custom item listings are available for purchase.
  2. If you are using photographs of previous work with options for customization (like color choices) included in the listing, it is clear in your description that the photos shown are just examples.

2. What Can’t be Sold on 8th House

Even if they otherwise meet our handmade, prohibited items, are not allowed to be sold on 8th House

Reselling is not allowed. Reselling refers to listing an item as handmade when you were not involved in designing or making that item.

Keep in mind that members may flag listings that appear to violate our policies for 8th House’s review.

8th House may remove any listings that violate our policies. Note that listing fees are non-refundable. 8th House may also suspend or terminate your account for any violations. You’ll still be on the hook to pay any outstanding fees on your bill. You can find more information in our Fees & Payments Policy.

3. Representing Yourself, Your Shop, and Your Listings Honestly

At 8th House, we value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.

By selling on 8th House, you agree that you will:

  1. Provide honest, accurate information in your About section.
  2. Honor your Shop Policies
  3. Accurately represent your items in listing and listing photos.
  4. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can contact us at the8thhousecollection@gmail.com
  5. Not engage in free avoidance.
  6. Not coordinate pricing with other sellers.

4. Privacy and Communicating with Other 8th House Members

Interference
Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on 8th House. Examples of interference include:

  1. Posting in public areas to demonstrate or discuss a dispute with another member;
  2. Purchasing from a seller for the sole purpose of leaving a negative review;

Privacy and Protecting Personal Information

You are responsible for protecting members’ personal information you receive or process. This means that, to the extent you use the services outside of the sites, or to the extent your local jurisdiction requires it, you must maintain a privacy policy for your shop that is consistent with the privacy terms set forth in 8th House’s Terms of Use (including this Seller Policy) and 8th House’s Privacy Policy. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to 8th House members you interact with.

5. Creating and Uploading Content

As a member of 8th House, you have the opportunity to create and upload a variety of content, like usernames, listings, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:

  1. Abusive, threatening, defamatory, or harassing;
  2. Obscene or vulgar;
  3. In violation of someone else’s privacy or intellectual property rights or
  4. False, deceptive, or misleading.

6. Providing Great Customer Service

We expect our sellers to provide a high level of customer service. By selling on 8th House, you agree to:

  1. Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance (custom design).
  2. Honor the commitments you make in your shop policies.
  3. Resolve disagreements or disputes directly with the buyer.
  4. If you are unable to complete an order, you must notify the buyer and cancel the order.

7. Responding to Requests for Cancellations, Returns, and Exchanges

Cancellations

If you are unable to complete a transaction, you must notify the buyer and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.

Buyer Complaints to 8th House

We ask buyers to contact a seller directly and attempt to resolve any outstanding issues before contacting 8th House. For this reason, it is important that you fill out your shop policies and regularly respond to conversations from your buyers.

Cases can be filed in the following circumstances:

Non-Delivery

A non-delivery occurs when a buyer places an order and submits payment, but does not receive the item. The following are examples of non-delivery cases:

  1. An item was never sent.
  2. An item was not sent to the address provided on 8th House.
  3. There is no proof that the item was shipped to the buyer’s address.

Not as Described

An item is not as described if it is materially different from your listing description (including photos), or if it differs from an agreement between you and buyer for a custom design. It is your responsibility to receive written approval for a custom design.

PROHIBITED ITEMS POLICY

The 8th House Collection prohibits certain types of items from the 8th House Collection marketplace. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of 8th House. This policy explains what is prohibited or restricted on 8th House.

This policy is a part of our Terms of Use. By opening an 8th House shop, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on The 8th House Collection, which we collectively refer to in this policy as “8th House”:

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

2. Human Remains

  1. No direct sales of human remains (excluding hair, teeth and nails).
  2. for items containing human remains, remains must be supplied by the buyer.

3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

4. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

6. Internationally Regulated Items

8th House provides a direct connection between buyers and sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with laws and regulations of the country of destination as well as your local laws.

FEES & PAYMENT POLICY

Types of Fees

Sellers may be required to pay the following types of fees:

1. Listing Fees

A listing fee will not be charged. Listing time will not be limited.

2. Transaction Fees

When you make a sale through The8thhousecollection.com, you will be charged a transaction fee of 5% of the price you display for each listing. If you sell from the US or Canada, the transaction fee will not apply to the shipping cost, sales tax, Goods and Services Tax, or Harmonized Sales Tax, unless you have included those charges in your listing price. If you sell from anywhere other than the US and Canada, the transaction fee will apply to the listing price (which should include any applicable taxes), but will not apply to the shipping cost. The transaction fee is deducted from the transaction amount as the funds become available for deposit.

3. Payment Processing Fees

At this time, 8th House only accepts payments through Paypal (including guest check out with credit card). Paypal charges a payment processing fee for processing each transaction. This fee is assessed on the total amount of the sale, including tax and shipping. Like the transaction fee, the payment processing fee is deducted from the transaction amount as the funds become available for deposit. This fee is subject to change at any time or depending on the country. We will include this change on your invoice.

4. Taxes

You are responsible for collecting and paying any taxes associated with using and making sales through 8th House’s services.

More details on taxes to follow.

HANDMADE POLICY

1. Selling Handmade Items

Everything listed as handmade must be designed and made by you, the seller. You may also have shop members that help you run your business, as long as you, the seller, are designing and making your items as well.

A production partner is anyone (who’s not a part of your 8th House shop) who helps you physically produce part(s) or layers of your items. Examples of production services include, but are not limited to, printing, 3D-printing, casting, plating, engraving, cutting and sewing, and finishing.

2. Being Transparent About Your Business

At 8th House, we value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business. You agree to:

  1. Disclose in your About section the names and roles of people who help make your items or run your business;
  2. Use your own words and photographs (not stock photos) to describe your items; and
  3. Respond to any inquiries from us in a timely manner. We may ask you how your items are made, what workspace, tools, and equipment you use; and how you communicate and collaborate with the people who help you run your shop.

Remember: Our market is built on trust. Providing false, inaccurate, or misleading information is prohibited by our Terms of Use. We would hate to do it, but if we find that you’re not being open and honest with us, we may suspend or terminate your account.