Terms of use

 

1.  These terms of use are applied to use of the madeby.fi web service maintained by Co-operative MadeBy Helsinki, a second trade name for Co-operative  Krafti ("later seller or service provider"). The use of the web service for selling and/or buying purposes always requires registering. When registering to the web service, the user confirms that he has acquainted him or herself with these terms of use and our GDPR info, and commits to following these terms of use in the use of the web service. The web service functions as a web store market in which the manufacturers of products ("later manufacturer") who have registered to the web service can put their products up for sale to the web service and correspondingly the buyers can make purchase offers of the products.
2.  In addition to what is stated in these terms of use, the buyer commits him or herself to any instructions which are separately given or which emerge in connection to the use of the web service given by the service provider. The valid terms of use can be read in the Internet in the address www.madeby.fi/info/terms-of-use

 

1. a) When registering to the web service, the registered gets the right to use the web service according to these terms and other rules and instructions concerning the web service. The user of the web service must give the required information for the registration. This information can be used to identify and to individualise the user, and to select a personal user ID and password to use the web service. If the registered does not give the required and necessary information or in the information faultiness appears, the service provider does not give permission to use the web service.
2. When registering to the network service, the user gets the permission to use the web service. The registered will commit to updating the information given when registering to the web service when they change.
3. The service provider registers the users' information to the customer register. The registered user can ask the service provider for information that has been recorded in the customer register of him or herself. The service provider has a right to use the information given by the user for administrative purposes, informing about the web service, direct marketing, business planning and development, statistics, and market research. The registered user can forbid the use of his information for direct marketing, if he or she so wishes. See our GDPR info.

1. a) The username and the password that the user gets when registering are personal. The user is always responsible for the use of the web service with his or her username and password.
2. When registering, the user commits to functioning in the web service according to these terms of use and to other rules and directions applying to the use of the web service. The user also commits to acting according to rules and codes of conduct in other parts of the web service.
3. The web service must not be used for selling, promoting or other distribution of a product that has been protected with copyright or another similar right. The manufacturer is responsible for having the necessary rights for the products sold through the service
4. The registered user uses the web service at his own risk. The service provider is not responsible for any direct or indirect damages caused to the user or third parties.
5. The manufacturer is responsible for the information given of the products and commits to describing it truthfully.
6. The user can remove his or her user data and can end the use of the service without costs by informing the service provider by e-mail.

 

1. The service provider provides an opportunity for the registered users to trade round the clock.
2. The service provider has the right to make changes to the web service, the user terms and rules of the web service by informing of it in advance on the web site.
3. If the designer has multiple style items in their collection, the provider can accept only parts of the collection as a part of Madeby. Madeby requires all the product styles in designers application. If a designer wishes to bring a new product style to his/hers shop, Madeby needs to be informed about it first.
4. The service provider is not responsible for the damages which are caused to the user when using the web service either directly or indirectly.
5. Except for the data content produced by the service provider, the service provider is not responsible for the contents of the network service or for its validity.
6. The service provider is not responsible for damages caused by the use of the web service or by the possible functional disorders which appear in the network service or by the technical faults.
7. In case the service provider fordis the sale of a product or, in the service provider’s opinion, a product is not suitable to be sold in the service, the service provider has the right to remove a product from the web service.
8. The service provider has the right to remove a user from the web service, in case the user has acted against the terms of use, other rules or good manners, either temporarily or totally.
9. The service provider owns all the rights for publication of the material contained in the network service.

 

1. The agreement on the terms of use will come into force when the registering user accepts the terms of agreement and the service provider gives the permission to use the web service. If the service provider does not grant a permission, the agreement is not considered valid.
2. The agreement on the terms of use conditions is in force indefinitely. Both parties can cancel this agreement to end immediately by e-mail without a term of notice or grounds for dismissal.

 

1. The service provider has the right to transfer the rights and duties which are related to the web service to a third party.

 

1. Finnish law is applied to this contract.
2. In any dispute or quarrel caused by the web service, an attempt is always made to solve it amicably between the parties by negotiation. If the parties do not achieve reconciliation in the matter, the quarrel is solved in a competent district court.

1. Service provider: Co-operative MadeBy Helsinki, ID 1572920-8, Aleksanterinkatu 20, 00170 Helsinki. Contact person: Anna Rantakoski. Co-operative MadeBy Helsinki is a limited company duly established according to Finnish law, which maintains the Internet site madeby.fi (later “MadeBy Helsinki" when referred to the company and “Madeby” when referred the site madeby.fi) and
2. Manufacturer The Manufacturer fills out his contact information on the form on the page where you register to Madeby.The manufacturer is by Finnish law a company (later “Manufacturer") that has been duly established.
   Later in this contract, the parties are referred to either as above or with the general name "Party" and both parties of the agreement together as “Parties."

 

1. MadeBy Helsinki is a Finnish company which provides the manufacturer an opportunity to sell its products with the help of Madeby.fi, the web service it maintains and governs.
2. The Manufacturer is the company that is responsible for the production of the products and that the products are as required in this contract. The Manufacturer has the will state, the necessary professional skills and otherwise necessary readiness to set products made by it to be sold on Madeby. The Manufacturer has to function as an independent company on its own behalf. The right of MadeBy Helsinki to the commission and to affect the sales price is defined later in this agreement separately.

 

1. MadeBy Helsinki grants the Manufacturer the right to market its products in the network service Madeby .fi according to the conditions of this agreement and during the validity of this agreement
2. Madeby.fi is meant for artists, designers and craftsmen who make interesting, beautiful and qualitatively high-quality products. Madeby.fi wants to bring together people who have a good taste and who are ready to see the trouble so that their high-quality products can be also commercially utilized.
3. The Manufacturer can, using Madeby, put on sale products that are handmade and created by the Manufacturer.
4. MadeBy Helsinki offers the services which are later individualised in this agreement to the Manufacturer's use to help and promote the selling of the manufacturer's products. The use of Madeby.fi requires the registration of the Manufacturer. To register as a Manufacturer to Madeby, the company has to have a Business ID.

1. The Manufacturer has the right to set for sale in Madeby the following items:
   a) Handmade products.
   b) Materials which are needed for making handmade products
   c) Products of the artist collective represented by the Manufacturer. In this case, the name of the right manufacturer must be displayed in the product description.
   d) In the Vintage category; Vintage-style products, which are at least ten (10) old.
2. The Manufacturer does not have the right to set for sale in Madeby the following items:
   a) Mass-produced products
   b) Pornography
   c) Marketing products
   d) Free samples
3. The Manufacturer has the right to decide how long the products are for sale in Madeby. The Manufacturer has the right to price the products. The price given by the manufacturer has to contain the value-added tax, and the Manufacturer has to inform Madeby of the VAT percentage that it uses.
4. The manufacturer can add three to five pictures of the product to be sold to Madeby. It is also possible for the manufacturer to add to the service a seller profile in which the manufacturer presents himself. In the profile it is possible to display, for example, the manufacturer's experience, sources of inspiration and favorite materials. The manufacturer is independently liable for the obligations and responsibilities related to his actions and the products sold through Madeby in relation to the buyer and possible third parties. MadeBy Helsinki does not accept responsibility for lost items while posting.The manufacturer appears in agreements and other relations on his own behalf and with his own business name and is obliged to inform of any possible restrictions of use which are related to the product and the product's safety in the sales announcement. The manufacturer is responsible for the information which is given of the product and for the quality of the product in relation to MadeBy Helsink and the buyer.
5. The manufacturer commits himself to operate in a professional, loyal and reliable way, obeying the Finnish law, decrees and official orders. The manufacturer further commits himself not to operate in the way which affects the reputation or image of Madeby or its service negatively in any way. The manufacturer is obliged to deliver the products faultless according to his best ability to the buyer. Time of delivery of products must be agreed separately by the manufacturer and the buyer. Time of delivery has to be displayed in the sales announcement. The manufacturer is responsible for the fact that with respect to their quality and their number, the sold products correspond to what has been agreed between the Parties. The manufacturer commits himself to inform without unnecessary delay MadeBy Helsinki of possible demands or civil actions that have been directed against Madeby and to offer all necessary information and support to MadeBy Helsinki from the point of view of defending its rights.

 

1. MadeBy Helsinki agrees to offer to the Manufacturer, with the best of its ability, the possibility sell products in the web service in the scope that has been agreed on between the Parties in this agreement. MadeBy Helsinki agrees to offer the information it has related to the use of the web service and the contract documents to the use of the manufacturer which are necessary to carry out the manufacturer's obligations. MadeBy Helsinki has the right to add 24% to the price of the product informed by the manufacturer with which the commission of MadeBy Helsinki is covered from the sale.
2. MadeBy Helsinki offers the manufacturer the right to set its products to be sold on Madeby utilising the net payment service. The buyer performs the sale with the help of the net payment service to the account of MadeBy Helsinki from which the sale price reduced with the selling commission is payed to the manufacturer's account.
3. MadeBy Helsinki pays the manufacturer's share to the manufacturer’s account at the earliest 14 days after sales transaction and at the latest within one month from after sales transaction. If however, the buyer returns the product, MadeBy Helsinki refunds the sale price to the buyer in which case the sale is cancelled. If a buyer cancels the sale appealing to his right to return (see Finnish Trade Act XXX), the parties distribute the costs caused by the breaking of the trade in the relation how the tax-free a sale price would have been divided if the trade had taken place. If the sale breaks due to the lack of the product, even when the product was on sale, the manufactorer has to return the price him or herself,  and send MadeBy Helsinki a receipt for the return. MadeBy Helsinki pays the sale on the agreed date, but witholds 3e for the extra work.
4. MadeBy Helsinki has a right to remove the product from sale if the product does not meet the purpose of this agreement. If a manufacturer acts essentially or repeatedly against the purpose of this agreement, MadeBy Helsinki has the right to prevent the manufacturer either temporarily or permanently from setting its products for sale.

 

1. MadeBy Helsinki has the right to a 20% net provision of all the deals which are made through Madeby maintained by MadeBy Helsinki. In practice this means that, MadeBy Helsinkii adds 24% to the selling price given by the manufacturer, which covers MadeBy Helsinki’s taxable commission from the deals which have taken place through Madeby.

 

1. Confidential information means all the business secrets, trade secrets, and other confidential information which by its character must be understood as confidential (later “Confidential information”) of MadeBy Helsinki, companies belonging to the same group, and their business partners. The information is confidential irrespective of the fact whether it is in written, electric, oral, photographic, technical, modeled or some other form or is it merely in someone’s memory. It is considered to be confidential information for example, but not limited to, the technical specifications which are not included in any marketing material concerning Madeby, manufacturing methods and other oral presentations, presentations, material, and copies thereof, regardless of the form they are expressed in or given to the manufacturer. However, the following material is not considered confidential:
   a) Information which in time of handing it out was generally known;
   b) information which after the handing it out becomes generally known through a publication or otherwise not by the Manufacturer;
   c) Information which has been already before handing out of the information in the possession of the manufacturer and which it has not gotten directly or indirectly from MadeBy Helsinki;
   d) Information that the manufacturer has received after the delivery from MadeBy Helsinki from a third party which has not set it confidential and which has not got its information directly or indirectly from MadeBy Helsinki.The manufacturer who has received confidential information commits himself to keep secret, not to give up without permission, or reveal Confidential information for any purpose outside the scope of this contract.
2. In order to secure the concealment of Confidential information, the Manufacturer has to:
   a) Take all required action within reason in order to protect Confidential information from being exposed without a written consent from MadeBy Helsinki;
   b) Apply methods of at least equal level as in this agreement in protecting Confidential information from unauthorized exposure, copying and use;
   c) Not copy Confidential information for any other use than the ones in the scope of this contract. The manufacturer must by demand of MadeBy Helsinki either return immediately or destroy any material including Confidential information and all the copies that have been made of it. The confidential information does not need to be returned or does not need to be destroyed if it is not possible within reason. In case the Confidential information is not returned or destroyed, the manufacturer has to keep on the storing the information according to the conditions of this agreement.

 

1. The manufacturer commits himself to that he or companies in its direct or indirect authority do not copy the business concept of Madeby.fi, in the form that is has been depicted in this contract. If however, the manufacturer practices already before signing the Agreement such operation, this ban of competition does not apply to the competing operation in that scope that at the moment of the signing of the manufacturer Agreement he already practices it. The manufacturer commits himself to this ban of competition during the validity of the Agreement.

1. The agreement will come into force when the manufacturer has accepted the conditions of the agreement, has delivered pictures to MadeBy Helsinki of products he wishes to sell at Madeby, has delivered a presentation of himself, and other information that is required when registering, and when MadeBy Helsinki has accepted the manufacturer to madeby web service. After having accepted the manufacturer to Madeby, MadeBy Helsinki will deliver to the manufacturer an activation code which makes the use of the service possible. For the sake of clarity it is stated that the agreement is reached when MadeBy Helsinki has delivered the activation code to the manufacturer. The agreement is in force until the agreement is called off or cancelled according to what is written hereafter. Both Parties have a right to cancel the agreement to end immediately without a separate reason for dismissal.The parties do not have after the termination of the validity of this agreement, irrespective of the reason for it, any rights which are based on this agreement, except for rights or duties which have been meant to be preserved in effect after the termination of the validity of the agreement or that are born on the basis of the termination of the validity of this agreement. The termination of the validity of the agreement does not have an effect on the rights and duties of this kind and the Parties are obliged to take care of the filling of them duly and without delay. For the sake of clarity it is agreed that sections 7 (Concealment and Confidential information), 8 (Ban of competition), 12 (Liability for damages) and 13 (the law to be adapted and the solution of quarrels) remain in force as well as rights and duties of Parties which are based on them irrespective of dismissal of this agreement or irrespective of termination of the validity.

 

1. Neither Party is entitled to give this agreement or the rights in accordance with it or its duties to a third party without the prior consent of the other Party.

 

1. The force majeure is an unforeseeable event which prevents or makes the Party within the time limit of the filling of contractual obligations unreasonably difficult. Some of such events are war, revolt, catastrophe, general interruption of energy distribution or an exceptionally wide data communications crash, a fire, an essential restriction on the operations of the Party appointed by the government’s financial estimate or by the council of state, a legal or an illegal strike, blockade or another equally significant unusual reason which is not caused by the Parties.
2. The Party must notify the other Party of force majeure and its effects and termination of the force majeure at once. A Party is not responsible to the other Party for damages caused by the force majeure or delays.

 

1. The Party is liable for the immediate damages caused to the other Party. The Party is not responsible for indirect damage. The manufacturer is responsible for all the mistakes of the product and for the shortcomings which cause economic damages to MadeBy Helsinki and is responsible for the economic losses which are created from possible price reductions in relation directly to the buyer. If a complaint is made of a product, MadeBy Helsinki is obliged to inform the Manufacturer of the matter and the manufacturer has the right to be liable for the judicial measures of the matter in its own name and liability.If the Manufacturer breaks the duties of this agreement in sections 7. (Concealment and Confidential information) or 8. (Ban of competition) towards MadeBy Helsinki, MadeBy Helsinki will have the right to a contract penalty. The amount of the contract penalty is ten thousand (10.000,00) Euros per breach of contract.
2. The contract penalty has to be performed within thirty (30) days after presenting the demand, when the interest rate will be in accordance with the Interest Payment Act. The paying of the contract penalty does not remove liability for damages in so far as the damage caused by the breach of contract of MadeBy Helsinki exceeds the amount of the contract penalty received by MadeBy Helsinki.
3. The claims for damages towards a Party must be presented within one (1) year from the moment the damage came to be known by the Party that is asking for the compensation.

1. The Finnish law is applied to the Agreement, excluding here those motion regulations which would lead to the application of the law of another country. All the quarrels possibly caused by the Agreement are permanently solved by a competent, juridical court.

1. This Agreement can be changed only with the common decision of the Parties.

1. All the announcements which are done to the other Party, demands and other communication must be delivered in English language and they are considered duly given or done if they are delivered by post, or electrically to other Party as follows: to MadeBy Helsinki: Address: Aleksanterinkatu 20, 00170 Helsinki, E-mail: info@madeby.fi Recipient: Miira Zukalei. If to Manufacturer, the announcement will be given to the address or email given by the Manufacturer in the registration process.or to another address of which the Party later in writing will notify the other Party.

 

1. This Agreement and its numbered appendices form the agreement between Parties. If there is a conflict between the agreement with the appendices or with clauses between other Parties, the text of this Agreement has preference.