1.0 Overview

This Terms of Use depicts the rules for sellers--companies or individuals--(herin called "You" or "Vendor") who intend to market their hypnosis products through the website, The Hypno Store (herein called, "The Company"). Visitors who potentially may purchase products from Vendors, herein are called, "Customers". The service of providing the website www.thehypnostore.com to Vendor to set up their retail store of hypnosis and related products, herein is called "Service".

By creating an account for the Service, You are agreeing to be bound by the following terms and conditions ("Terms of Use"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Use.

The Company reserves the right to update and change the Terms of Use by posting updates and changes on The Company website "Terms of Use" page. You are advised to check the Terms of Use from time to time for any updates or changes that may impact You.

2.0 Account Terms to Use Service

• You must be 18 years or older to use this Service.
• You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the account signup process.
• You are responsible for keeping your password secure. The Company cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
• You may not use the Service for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
• You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your account.
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not add customer reviews of your own products, or be involved in any third party adding invalid or fraudulent customer reviews of any product.
• A breach or violation of any of the Terms of Use, as determined through the sole discretion of The Company, may result in an immediate termination of your services.
• The Company has the right to refuse business to any potential or current Vendor at any time, for any reason, including removing a Vendor, their products and store from The Company's website.
• The Company has the right to deny or edit any product description or review, for any reason, at any time.
• Vendor cannot misrepresent their identities.
• Vendor cannot publish the contact information of other Vendors in an online public area.
• Vendors cannot use our Vendor-to-Vendor contact options to send spam or threats.

3.0 General Conditions

You must read, agree with, and accept all of the terms and conditions contained in this Terms of Use before you become a Vendor of The Company.

• The Company reserves the right to refuse, modify, or terminate the Service for any reason, without notice at any time.
• Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied, or statutory.
• The Company does not warrant that the service will be uninterrupted, timely, secure, or error-free.
• The Company does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
• You understand that Vendor content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
• We may, but have no obligation to, remove content and accounts containing content that The Company determines, in our sole discretion, are prohibited, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
• The Company does not warrant that the quality of any products, services, information, or other material purchased or obtained through the Service will meet your expectations, or that any errors in the Service will be corrected.
• Vendor expressly understands and agrees that The Company shall not be liable for any direct; indirect; incidental; special; consequential; or exemplary damages, including but not limited to, damages for loss of profits; goodwill; use; data; or other intangible losses arising out of or in connection with our website, our Services or this Terms of Use agreement (however arising, including negligence)
• You agree to indemnify and hold The Company and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
• Technical support is only provided to paying account members and is only available via email.
• Vendor agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, without the express written permission by The Company.
• Verbal or written abuse of any kind (including threats of abuse or retribution) towards any Company employee or officer, Customer, Vendor, or other account member, will result in immediate account termination.
• We do not claim any intellectual property rights over the material You provide to The Company.
• Vendor retains ownership over all content submitted to their store. However, by making the store public, Vendor agrees to allow others to view content.
• The Company may not pre-screen content and it is in their sole discretion to refuse or remove any content that is not permitted.
• You can remove your store at any time by deleting your account. This will also remove all content You have stored on the Service. Each month will be paid in full, in advance, on the first of the month. If you cancel your account, The Company will not pro-rate a refund for that month.
• By uploading images and item description content to The Company website, You agree to allow other internet users to view them and You agree to allow The Company to display and store them. You also agree that The Company can, at any time, review all the content submitted by You to its Service.
• The failure of The Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between You and The Company and govern your use of the Service, superseding any prior agreements between You and The Company (including, but not limited to, any prior versions of the Terms of Use).

Questions about the Terms of Use should be sent to: support@thehypnostore.com.

4.0 Vendor Rules and Fees

To sell products at your store with The Company, there are certain rules You need to follow. Before You decide to create a store through The Company, You should review and understand these rules and guidelines, as You are solely responsible for following them. If You violate any of these rules, a range of actions, including incurring limits of buying and selling privileges and/or suspension of your account, may occur. Our policies are often based on country and state laws, although in some cases, they may also be based on input from Vendors, Customers, and our own discretion.

4.1 Vendor Account Options

Each Vendor is in charge of creating and managing their store with integrity. The Company is not responsible for Vendor's store in any means or fashion. Vendor is allowed to choose one of two set up options for their store.

Option One

Vendor is allowed to have up to 12 hypnosis related products for sale at any one time in their store. Payment for Option One is a monthly membership of $19 per month. Payment will be charged to Vendor's credit or debit card, PayPal, or similar online payment service, and will be set up on an automatic renewal. This membership can be cancelled at any time.

Option Two

Vendor is allowed to have unlimited hypnosis related products for sale at any one time in their store. Payment for Option Two is a monthly membership of $29 per month. Payment will be charged to Vendor's credit or debit card, PayPal, or similar online payment service, and will be set up on an automatic renewal. This membership can be cancelled at any time.

4.2 Payment of Vendor Fees

• A valid credit card is required for Vendor accounts that are able to process orders using a live payment gateway. Vendor accounts unable to process orders using a live payment gateway do not require a valid credit card. (I'm not sure what this is referring to, or if you want this in here.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties, if applicable.

4.3 Vendor Account Cancellation and Termination:

• You may cancel your account at any time by emailing support@thehypnostore.com.
• Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final, please be sure that You do in fact want to cancel your account before doing so. The Company does not provide refunds.
• If You cancel the Service in the middle of the month, You forfeit any pre-paid fees. Again, The Company does not provide refunds.
• The Company reserves the right to modify or terminate Service for any reason, without notice at any time.

Fraud: Without limiting any other remedies, The Company may suspend or terminate your account if we suspect that You (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the website.

4.4 Modifications to the Service and Prices

• Prices for using the Service are subject to change upon 14 days notice from The Company. Such notice may be provided at any time by….(How do you notify account members? Also, do you want 14 day notice or 30 days or no day notice?)
• The Company reserves the right at any time to time to modify or discontinue Service (or any part thereof) with or without notice.
• The Company shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of Service.

4.5 Permitted and Prohibited Items

The following items are permitted and prohibited for You to sell at your store with The Company:

• Permitted sale items: (You may want to add or delete more/less permitted and prohibited items)
• Books, Video, DVDs, CDs, Audios, Downloadable mp3 format recordings, Art, Gift Cards
• Prohibited Sale Items
• Prescription drugs, plants, seeds, Hypnosis services, vitamins and other consumable products, offensive materials, mailing lists, personal items, recordings or anything copyrighted by another.

5.0 Guidelines of Doing Business with The Company

Customers are most content with purchasing products when they know exactly what the item is, the total cost, and when they will receive it. The following are rules and guidelines to make transactions with your Customers pleasant, professional and mutually beneficial.

5.1 Item Description

The description of the items and the information about purchasing helps Customers decide what to buy and what to expect after the sale. It's important to make sure that the product description is accurate and to professionally communicate the terms of the sale.

You're required to:

• Describe the item You are selling in detail.
• Provide complete and accurate details.
• If not 'new', specify the condition of the item, including any defects or flaws.
• If You use pictures, make sure that they accurately represent the items for sale.
• Clearly specify the terms and conditions of the sale in your listing so that customers know what to expect.

You're required to include the following details in your listing.

• Forms of payment You accept
• Return policy
• Restocking fee, if applicable
• Shipping and handling method, costs, and other information
• Taxes
• Terms of the transaction
• Charge reasonable shipping and handling costs.
• Specify your handling time and return policy in your listing.
• Respond to customers' questions promptly.
• Being professional throughout the transaction.
• Making sure the item is delivered to the customer as described in your terms.

The Vendor is encouraged to sign up to accept PayPal and/or other online payment options. And to familiarize on how to send invoices. Donations can be accepted through PayPal if You have a non-profit status.

You're required to meet the expectations You have set in your listing. You're not allowed to provide inconsistent or misleading information on the terms and conditions of the sale. Once the customer has committed to purchasing the item, You can't change the terms of the sale. Below are examples of prohibited behavior.

• Enter an amount for shipping costs when You are describing an item, and then indicating that You charge a different amount elsewhere or after the customer has committed to purchase.
• Provide false tracking information.
• State in a description that You accept returns, but refusing to do so after the item's been purchased.
• You're not allowed to say that You are not responsible for item delivery or ensuring that the item is delivered as described. For example, we don't allow statements like "I am not responsible for the item once it's dropped in the mail."

5.2 Communication

To run a great business, Vendors work hard to ensure smooth and professional transactions with Customers. Meeting or exceeding customers' expectations can help You gain important feedback, and to improve your performance standards with The Company. One way to do this is through clear, professional communication. The following are valuable communication guidelines.

• Respond promptly to any questions before and after the item has been purchased.
• Communicate professionally, including your emails.
• Send shipping updates with tracking information, if available.
• Be responsive to any customer concerns or problems.

5.3 Shipping, Handling, and Other Fees

Customers want to know when to expect delivery of their item, and how much it will cost to ship. Be sure to specify shipping costs and handling charges in your listings as well as approximate shipping time. It's against our rules for Vendor to provide unclear or misleading shipping information, or to charge unreasonable fees for shipping and related services. The Company is not responsible for the quality of the product or the punctuality of the shipment.

The following Do's and Do Not's apply to shipping practices.

• You're required to specify in your listing clearly and accurately when the item will be shipped, at a maximum within 2 business days from the date of purchase.
• A business day is any day, Monday-Friday, 8am to 5pm Vendor time. Saturdays and Sundays are not considered business days.
• Use tracking, Delivery or Signature Confirmation.
• For items above $250, using Delivery or Signature Confirmation can help protect You in cases where a customer claims an item wasn't received.
• Select the shipping option that best matches the shipping service that You offer in the description. This helps set customer expectations about when to expect the item to be delivered.
• If PayPal places a temporary hold on payments You receive for an item You sold, You're not allowed to hold shipment until the funds are released. (I disagree with this, as one time through identity theft, someone charged a huge purchase on my Amazon.com account, attempting to pay through my paypal account. Paypal held the funds and luckily I caught it in time, before the item was shipped and stopped the transaction. I'd say to change this to: "You ARE allowed to hold shipment…… But that is your call.)
• Note that holding shipments may affect your Vendor feedback and Customer satisfaction.

What You can charge:

• Actual shipping cost: This is the amount for shipping the item. It should be what You pay the carrier.
• Handling cost: This can include the cost of packaging materials and insurance cost, if any.
• Delivery Confirmation and extra services: If these options are offered to the customer, You can only charge what the carrier charges.

Examples of services include:

• Certificate of Mailing
• Certified Mail
• Collect on Delivery
• Delivery Confirmation
• Registered Mail
• Restricted Delivery
• Return Receipt
• Signature Confirmation
• Special Handling

5.4 Product Availability

When a Customer purchases an item they should feel confident that the item is available and will be delivered in a timely manner. You must ensure the items You are offering are in stock for the duration of the listing and are expediently shipped to the Customer, unless the Customer doesn't meet the terms of your listing. If You run into an inventory problem that is beyond your control, You're still responsible for letting the Customer know when the item will be available or issuing a refund for the full amount immediately. The Company does not provide refunds to Customers at any time for any reason, this is the responsibility of the Vendor.

You're not allowed to:

• List an item that may be out of stock at the time of purchase.
• Force Customer to accept a substitute item.

5.5 International Selling

If You are selling internationally, it's important that all listings and transactions comply with applicable laws. Vendors are responsible for ensuring that their transactions are lawful in both the country of the Vendor and the country of the Customer. We strongly encourage all Vendors to learn about the laws of their own country as well as the countries where they plan to do business.

• You should state in the description if You only ship to certain countries.
• You should include a clause in the item description describing any limitations on shipping the item. For example, "No shipment to the United Kingdom or Germany." This is particularly helpful if the item(s) are prohibited in certain countries.

5.6 Other Fees and Considerations

• Tax and government imposed fees: Only applicable federal, state, country, city, Value Added Tax (VAT), or equivalent taxes may be charged.
• You can offer free shipping to select or all destinations. For a destination with free shipping, no other fees related to shipping, handling, or packaging can be charged.
• If You offer free shipping in your listing—and we can confirm the customer did not pay for shipping—You will automatically receive a 5-star rating on your shipping and handling charges detailed seller rating. (this was an Ebay thing. Don't know if You use point system or stars for Feedback ratings. If not, this can be deleted or reworded)
• You're not allowed to change the shipping method to a slower option after purchase.
• Insurance: You can charge a separate fee for insurance, but only actual costs may be charged. You still need to make sure your item arrives as described.
• Tariffs, duties, and customs fees: For cross-border transactions, You're not allowed to collect tariffs, duties, or customs fees. (Customer is responsible for paying these fees as required by country laws.)

Tip: Remember not to inappropriately classify an item as a gift as a way to avoid certain duties, tariffs, or customs fees. U.S. law prohibits submitting false or misleading customs information.

Tip: Things like gas, mileage, time spent at a carrier, employee wages, or PayPal fees should not be added. If these costs are incurred, it should be incorporated in the sale price of the item.

5.7 Returns and Fees

You're required to specify your return policy in your listings, even if You don't accept returns. For better feedback ratings and higher Customer satisfaction, You are encouraged to accept returns. If returns are accepted, You must specify:

• The time period for returns
• How the refund is issued
• Who pays for return shipping
• The restocking fee, if any

If the customer did not receive an item or that an item doesn't match the listing description, it's important that You reply quickly to the Customer and rectify the situation. If the case escalates to include The Company, You have seven (7) days to correct the problem. At that time The Company may review the case and make a final decision, which may include terminating your account.

If You charge a restocking fee for returns, we recommend that You only ask for a reasonable amount. You should not charge restocking fees for items returned due to damages, defects, or not-as-described in the listing. Being upfront about returns and restocking fees in your description is just good business practice.

The Company does not provide refunds to Customers at any time for any reason.

6.0 Feedback

Feedback is one of the most important aspects of transactions. Feedback is where both Vendors and Customers can leave comments about each other and the transaction. Upon creating an account, every Vendor begins with a clean slate of "no feedback" (OR however You want to begin this). As each transaction completes, both Vendor and Customer are asked to provide feedback of the transaction. Your feedback's high rating gains You a positive reputation and offers confidence in the Customer to purchase your items. High rating feedback for the Customer offers confidence in the Vendor that the transaction is more likely to be smooth.

Feedback is the main feature that The Company controls. There are a few rules that apply to leaving feedback.

• You can not add favorable Customer reviews for your products sold prior to creating your store with The Company. This action may result in removing You, your store, and your products from the website.
• In most cases, the feedback Vendor or Customer leaves is permanent.
• Customers aren't allowed to use threats of negative feedback for Vendor to get something that wasn't part of the original listing.
• Vendors aren't allowed to demand positive feedback from Customers, or to manipulate Customer feedback in any way.
• Vendors aren't allowed to exchange feedback with other Vendors for the sole purpose of increasing positive feedback comments, enhancing reputation, and/or gaining privileges from The Company.
• Customers aren't allowed to attempt to damage a Vendor's feedback through a series of repeat purchases.
• Vendors can't include terms or conditions in a listing that limit or restrict the Customer's right to leave feedback.
• Vendors can not include links, profanity, or other inappropriate content in feedback comments.
The Company may remove or adjust feedback under the following conditions:
• The Feedback contains inappropriate comments, or violates feedback rules.
• Vendor provided The Company with an email address that is invalid, and that Vendor could not be contacted at the time of the negative feedback.
• A customer mistakenly leaves negative feedback for the wrong seller, informs The Company of the error, and has left the same feedback for the intended seller.
• A Vendor is suspended by The Company for behavior that we've determined is malicious enough to warrant removing all the negative and neutral feedback they've left for both Vendors and Customers. Note: If a Vendor is suspended within 90 days of registration, all feedback left by that Vendor is removed. (Do You want this clause?)
• The Company is provided with a valid court order requesting feedback removal.
• Customer leaves a Vendor negative feedback that pertains to customs delays or fees.

7.0 Copyright Rules

We're committed to providing a safer place to buy and list items, as well as assisting third parties in protecting their intellectual property rights. When someone uses other people's intellectual property—such as copyrighted material and trademarks—in an unlawful way, it's considered infringement, which is against the law and The Company policies.

If you'd like to learn more about the laws and regulations protecting intellectual property, see the U.S. Copyright Office website and the United States Patent and Trademark Office (USPTO) website. All Customers and Vendors with The Company need to make sure they're following all applicable laws and regulations. In a listing, Vendors:

• Can not encourage or enable others to infringe copyrights, trademarks, or other intellectual property rights of third parties.
• Can not improperly use The Company's intellectual property including use of the The Company name or logo and linking to The Company website.
• Can not include authenticity disclaimers or deny responsibility for the items offered in their listings.
• Can not use someone else's item description or picture without their permission. If You believe someone else is using your text or photos without your permission, report it to The Company.