Terms & Conditions

Southern Cross Embroidery Market is owned and operated by Cloth ‘n’ Craft (ABN: 70 189 714 414). All payments received by the website will be paid to Cloth ‘n’ Craft.

The following Terms & Conditions are in place to help ensure a safe and fair marketplace for both buyers and sellers. If you have any questions or enquiries regarding any of these Terms & Conditions please contact us.

Terminology
In these Terms & Conditions, the following expressions have the meanings set out below:
‘we’, ‘us’ and ‘our’ refers to Cloth ‘n’ Craft – the owners of the website;
‘you’ and ‘your’ refers to you, whether buyer or a seller;
‘item’, ‘items’ means goods/designs that may be bought or sold through the Southern Cross Embroidery Market website;
‘member’ means a registered user of the Southern Cross Embroidery Market website;
‘services’ means any one or more of the services offered by Cloth ‘n’ Craft, including sale or purchase of items and message facilities;
‘website’ means the Southern Cross Embroidery Market website or a Premium Member’s sub-site;
‘listing’ means a listing for an item for sale on the website;
‘seller’ refers to any person/business operating their own store and placing a design listing on the website;
‘buyer’ refers to any person purchasing an item listed on the website.

Acceptance of these Terms & Conditions and amendments
Each time you use or cause access to the website, you agree to be bound by these Terms & Conditions, as amended from time to time with or without notice to you. In addition, if you are using a particular service on a the website or accessed via the website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms & Conditions.

Your responsibilities and registration obligations
In order to use the website or certain parts of it, you may be required to register for a user account; in this case, you agree to provide truthful information when requested. By registering for a user account, you explicitly agree to these Terms & Conditions, including any amendments that are published here.

Privacy policy
Registration data and other personally identifiable information that the website may collect is subject to the terms of our Privacy Policy.

Disclaimer
Your use of this website is at your own risk. We are not responsible to you or anybody else for any loss incurred in relation to your use of this website.

Warranties
We make no express or implied representations or warranties of any kind as to the operation of this website; or any information, goods or services offered on this site, except to the extent that such obligation cannot be excluded by law.

We do not warrant that your use of this website will be uninterrupted or free from defects and viruses or that the information provided will be current. We are not liable to you or anyone else if your computer system is in any way damaged or affected by your use of this website.

To the extent permitted by law, we exclude all liability for any loss or damage (including without limitation indirect, special, punitive or consequential loss or damage) arising from the use or reliance on this website whether or not caused by a negligent act or omission.

Linked websites
This site may contain links to third party websites for your convenience only and do not indicate an endorsement by Cloth ‘n’ Craft of those sites or the products/services offered on those sites.

We take no responsibility for the content or use of those sites and you enter linked sites at your own risk.

You as a user
You must be older than 18 or under the supervision of a legal guardian to register on this website.  You or your legal guardian are responsible for any activity that occurs under your username.

You are responsible for keeping your account details and password secret and secure; and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your user account, user name or password.

Your conduct
You must not abuse or harass other users of the website. You must not send unwanted messages or email to any users. You are responsible for any data, text, information, screen names, graphics and photos that you submit on the the website.

By using the website or any service provided, you explicitly agree that: you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; or pornographic. You may not use the website for illegal or unauthorised purposes.

You must not damage or interfere with the website, or any network or system underlying or connected to it, or attempt to do so.

By registering on the website you agree to comply with all local laws regarding acceptable online content and online conduct.

Buying & Selling on the website
Prior to actual sale, the details, price and other information in relation to an item can be changed by the seller.

Where the information relating to an item has been found to be incorrect or misleading, the seller is liable to issue a full refund, to the buyer.

Buyers and sellers on the website are not to attempt to by-pass the fees payable by sellers by developing an alternative arrangement. Where it is found, or suspected that this has/is occurring, both parties may be permanently disqualified from using the website and both the buyer and sellers user accounts, and stores where applicable, will be terminated.

Copyright of designs sold on this website remain the property of the seller. Buyers are permitted to use the designs for their OWN use and are not to distribute/share/re-sell the designs under ANY circumstances. Any evidence of such copyright infringement is punishable by law.

Product Listing Guidelines
Designs listed for sale on the website MUST be owned and copyrighted to the seller. Under NO circumstances are sellers to share/redistribute designs whose copyright is owned by another party. Plagiarism is not permitted nor condoned. The seller must be legally entitled to sell the design listed for sale on the website. All designs must be of a high standard as well as safe for use and ethical. The seller must be legally entitled to sell the item listed for sale on the website.

Items deemed offensive or inappropriate by the administration of the website will be removed without warning. Offensive and inappropriate items include (but are not limited to) such items as designs of: pornography, items meant for babies/children which are unsafe, or any item deemed to be in bad taste.

We reserve the right to remove any item that is deemed to be unsuitable for sale on the website.

All prices must be stated in Australian Dollars with any applicable GST included in the price. All tax obligations are the responsibility of the seller and/or the buyer.

Responsibilities of a buyer
Upon carrying out a purchase of an item on the website, you must complete the transaction in the manner specified. By ordering an item, you state that you have the legal right to enter into and complete the transaction. The buyer is entering into an agreement with the seller to purchase that item.

You must make full and prompt payment of any design you buy, before you will be permitted to download it.

Due to the digital nature of the listings on this website, no refunds are available – all sales are final. Damaged files will be replaced via email.

Responsibilities of a seller
White registering for a store on the website, sellers are required to purchase a Designer Store Membership and then complete an application form. Once the application has been approved, Designers will then be able to start uploading their designs and listing them.

The seller must ensure that all items listed for sale is not in breach of the rules listed above.

The seller must ensure that all designs listed for sale is available for purchase by a buyer. Designs must not be submitted until ALL details for the design are completed. Items CAN be listed and made available as a preorder but the product title must state as much and the finished design must be delivered within the time frame specified in the product description.

All items must be listed in the appropriate category. Any items found to be listed in inappropriate categories will either be removed from that category or deleted all together.

The seller must hold the copyright for any text and images included in listings.

Any seller that is determined to have received payment for an item but the design was not properly listed, will be required to rectify the situation through emailing the design promptly or their account will be suspended and their store closed down.

Loyalty Points

The purchase of designs from Southern Cross Embroidery Market will earn customers loyalty points which they can trade in for discounts on future purchases. Spend $1 and earn 1 loyalty point. 10 loyalty points can reduce your next purchase by $1. 50 loyalty points can reduce your next purchase by $5 etc.

Fees

Sellers pay a sign up fee and commission fees on sales. The sign up fee and Commission rates vary depending on the level of Designer Store Membership purchased.

Free Trial Store Memberships provide the seller with:

  • An easy front-end store management system
  • Design listings that don’t expire (with NO listing fees either!)
  • Your new design listings automatically shared via social media networks (facebook, google, pinterest, twitter etc)
  • Opportunities for customers to share your designs themselves on social media
  • Your designs available for sale in a large marketplace – selling to Australia, New Zealand and the world!
  • Opportunity to partake in discussions with customers and other designers in our house activity boards
  • Get up to date info on what people have purchased all across the market via your Activity stream
  • And all of this for only the cost of 20% commission on any design sales in the first month.
  • Change to Regular Store Membership after or during the month or you will lose sales!

Regular Store Memberships provide the seller with:

  • All of the above BUT only ever 20% commission charged will be charged on sales.

Premium memberships provide the member with:

  • All of the above PLUS…
  • their own website including a webstore, blog etc!
  • Listings ALSO listed in the SCEM Marketplace.
  • Domain name registration costs are covered by the vendor, however Southern Cross Embroidery Market is able to set up a domain name for vendors by arrangement for a fee.
  • Facility to upload your own logo and style their website to their brand.
  • Commisison free sales! Sales made on the website of a premium member do NOT incur Commission.

Premium membership sites cost an initial sign up fee and this fee include 4 hours of support from Southern Cross Embroidery Market administrators. When the included 4 hours of support is used up and more support is required, vendors are able to purchase more support at the rate of $25/hour. Vendors will be required to top up their account with a minimum of $25 when they are in need of more support but support account is depleted to zero.

Membership fees are paid monthly automatically through a subscription via either PayPal or Stripe (the method first used to purchase the membership).

Commission fees are payable at the time of design purchase and occurs automatically.

If sellers register to receive payments through Stripe and sellers choose to purchase using their credit card through Stripe, then payments will go out to sellers immediately.

Using PayPal Adaptive Payments, payments will go out to sellers immediately.

We reserve the right to alter any of our fees at any time.

Notification of copyright infringement
If you believe that your property has been used by a seller on a this website in any way that could be considered a copyright infringement or a violation of your intellectual property rights, contact the administration of this website and the product will be removed from this website and the seller issued a warning or removed from the site completely.