DaWanda principles

DaWanda is the online marketplace with heart and soul.
People who share a passion for unique and creative products, made with love, come here to meet.
We have established an inspiring and creative market with your help and we are always looking for new designers.
To enable this it is crucial that all DaWanda members follow our marketplace policies.
These DaWanda policies are supposed to give you an idea of what’s permitted and what is forbidden, in addition to our general business terms.
As a seller you carry the responsibility to ensure your sales are processed according to our legal requirements.

Please note that DaWanda reserves the right to remove any listings from our marketplace without prior notice should we feel that these listings are in breach of any law or in house (DaWanda) policy.
Furthermore we may apply further sanctions, such as setting a limit on the number of products you may have or the deletion of products already online.
Multiple or excessive violations of our terms and conditions may lead to expulsion from our marketplace.

What we’d like to see on DaWanda:
Unique products:
DaWanda is the marketplace for all things unique. Products should be special and unique, whether this is in terms of the materials utilised, the production method or the intended purpose.
The DaWanda product categories set a certain frame, but they are not meant to limit your creativity.

Anything is possible:
From jewellery to furniture, from pieces of art to music, from toys and fashion to cake and sweets.
What matters is that you offer unique products that you make, design or refurbish yourself, not mass produced or off-the-peg products.
DaWanda products are "products made with love".

Manufactured products:
On DaWanda you may only offer products that are handmade, individualised, refurbished, restored, refined or custom-made.
Products in the categories "supplies" and "vintage" are an exception to this rule.

Your designs:
You are welcome to offer products which you have designed, but haven’t manufactured yourself. Please label your products appropriately and be prepared to provide proof if you are requested to do so by a member of our team.

Vintage items:
Only good quality products that are at least 20 years of age may be considered 'vintage'.
These items belong in the main vintage category, which includes fashion items, accessories, jewellery, bags, design pieces, furniture, art, antiques and, of course, collector’s items.
The products you place in this category can be handmade, refurbished or of commercial origin.
You can choose to list your product in more than one “vintage” category at the same time by using our ‘Second category’ option, if it applies to more than one category type.
All items placed in the “vintage” category should, however, be "products with love" (i.e. a product you have handpicked), and this should be expressed by you in your product description.
One important exception: If you choose to use a vintage/ old product to create something completely new , you should place this item in a suitable category rather than in the "vintage" category.
For example: If you have made a pillow using an old postbag, the suitable category would be "home and living".

(Custom-made) material of commercial origin:
In the “supplies” category you can list both handmade and manufactured products which are used as supplies for hand crafting.
Products of commercial origin can be listed here, even in large quantities.
We reserve the right to deem products in this category inappropriate for DaWanda.

What is prohibited at DaWanda:
Naturally, anything that cannot be sold due to legal reasons is prohibited on DaWanda.
We also have a number of additional policies which regulate what items should not be sold on DaWanda.
Please note that the following list of prohibited items is not complete, and as a result you are asked to ensure whether you’re permitted to offer such items for sale.
Furthermore the legal requirements of another country may apply if you offer your products for sale outside of Germany.
Please note that DaWanda reserves the right to remove any listings from our marketplace without prior notice should we feel that these listings are in breach of any law or in house (DaWanda) policy.

a) Legal prohibitions: :
stolen goods
Objects that have been obtained illegally may not be offered for sale.
If any items you wish to offer are stolen goods, for example from a burglary, you may not offer these items for sale even if you were not involved in stealing them.

Media/items harmful to young persons:
Although only persons aged 18+ are permitted to join DaWanda, it also has to be taken into consideration that we cannot prevent single users, who are not yet of legal age from registering on DaWanda.
If you offer an item meant for persons of full age only, you must make sure that only persons of full age (18+) receive it.Furthermore you may not publish any content, whether pictures or descriptions, that may be harmful to young persons.

Illegal drugs:
The sale of illegal drugs is forbidden on DaWanda.
Please note that dealing with seeds from which you can grow plants/cacti/mushrooms with psychedelic, stimulating or sedating effects is also prohibited on DaWanda.
Dealing with ‘scented sachets’ that contain intoxicating mushrooms is also prohibited.
Selling drug paraphernalia, such as antique Opium pipes, is permitted as long as there are no legal prohibitions and the item does not include instructions for drug abuse.

Propaganda items relating to prohibited political parties, clubs and/or unions, and items with a direct call for offences:
The law prohibits the publication and sale of propaganda material from banned organisations, including the use of trademarks or logos associated with these organisations, hate crime and the defamation of deceased persons.
The publication of collector’s items from the categories above is not permitted, alongside the sale of conflict and war memorabilia.

Dangerous chemicals/ prohibited electronic devices:
Dealing with toxic substances and dangerous chemicals is prohibited on DaWanda.
If you use certain regulated ingredients in the process of the production of your goods, please ensure you comply to the current legal situation regarding the use and sale of these ingredients.
Before selling electronic devices you also need to check the items´ legitimacy.
The devices you wish to offer for sale need to have a CE-certificate.
Antique, non-functioning devices are the only exception to this rule.

Forgeries, imitations of branded/copyrighted products, the use of brand names and registered trademarks:
It is prohibited by law to offer or publish items that carry a brand´s name or logo for which you do not own the rights.
It is also prohibited to advertise an item as "similar" to a copyrighted item.
Furthermore it is not permitted to list items carrying a design that has been copied illegally.
Please note that this applies to perfume imitations.
Examples of the prohibited use of brand names in descriptions include:
"Chanel style handbag"
"Rolex style watch"
Equipment can be described as "suitable for..." or "compatible with..." if the given information is true and necessary.
The description, however should not imply that the product on offer itself is a certain brand if it is not.
Please seek legal advice if you are unsure of your offer´s legality.

Films, music and pictures as copies:
Selling copies of films, music, photographs, sheet music and educational material, saved on rewritable discs for instance, is prohibited.
Copyright law applies here.
Exceptions to this are authorised copies of photographs. In this case your listing must contain information on your authorisation for (re-)sale.
The authorisation has to be proved if requested by DaWanda.

Items, clothes, ID cards or other items from a security related background, such as uniforms, licenses and official IDs:
It is prohibited to offer items for sale on DaWanda that run a great risk of abuse, such as original or authentic uniforms, parts of uniforms, name tags, identity cards from the police, army, secret services, fire brigade, international security guards and airport personnel.
Antique uniforms and identity cards are an exception to this rule.

Stocks and other forms of financial investments:
Selling valid currencies is prohibited.
Stocks cannot be sold on DaWanda.
Expired stocks, stocks from a closed company/business and invalid currencies are an exception and may be sold on DaWanda.

Pictures and other copyrighted data (unless the user has gained the legal right of use/sale):
Copyright laws apply, and you are advised to seek your own legal advice.
You have to make sure that you have official permission to use/publish/sell the pictures, data or other content in question.

Child labour.
Any products stemming from child labour are prohibited from DaWanda under all circumstances.

Content that offends common decency:
The term "common decency" is difficult to define universally and common sense should be applied here.
We pride ourselves on the fact that only unique products and services are offered for sale on DaWanda, and we ask that our users honour these regulations.
If a certain product, service, or behaviour of a member does not match our core principles, we reserve the right to delete the offending item and the right to caution, block or even dismiss the person(s) concerned.
Please note that DaWanda does not tolerate racial abuse, or abuse against a person based on gender, sexuality or disability. This applies to our buyers, sellers and staff.

b) additional prohibitions according to the DaWanda philosophy:
- Dealing with weapons and ammunition of any kind is prohibited
- Dealing with living creatures/animals is prohibited - this includes any products with elements stemming in part or whole from animals (ivory, bones, fur etc.)
- Any products which are made up of explosives or pyrotechnics, or can be used towards the production of explosives or pyrotechnics, are also forbidden!

Products that are only allowed under strict conditions:
Dealing with groceries and foods
A number of laws apply to dealing with foods worldwide.
If you wish to offer food for sale on DaWanda you need to be familiar with your local food labeling regulations, food additive regulation and any further regulations associated with the sale of food. If you plan to sell food across international borders, you should be aware of the associated regulations and seek legal advice where necessary.
Both the packaging and the items listing should be clearly labelled according to legal requirements.
The more detailed the information you provide, the less danger you have of legal issues.
If you are unsure what information should be provided, please seek professional legal advice as you are fully responsible for your listings on DaWanda.

Dealing with textiles
Several laws apply to dealing with textiles.
Textile labeling regulations place the obligation on the seller of textiles to provide information on the materials used in the production of their products.

Dealing with toys
Several laws apply to dealing with toys.
Before a toy can be listed the seller must ensure that the toy meets the legal safety requirements.
It must be marked with a CE-tag and, if necessary, with detailed instructions, safety notes and precautions. (For example: "not suitable for children under the age of...")
Toys must be marked with a serial number or a similar tag.
Furthermore the name of the producer must be quoted.
Please seek further information on EU-standards (2009/48/EG) on this subject and if you are unsure please seek legal advice.

Dealing with cosmetics
In Germany the requirement to label ( §§ 4, 5 and 5a of the cosmetics regulation) and the quotation of price regulation applies to dealing with cosmetics.

Selling as a reseller
As a seller you do not necessarily have to be the producer of the item listed, you may be the redesigner or a reseller, for example.
If you are a reseller of unique products and not the original producer please keep the following in mind:
You should include detailed information (first name, family name, address) of the person who produced the item and it should be stressed in your listing that you are merely the reseller.
You must possess written permission which documents the agreement that you will act as a reseller, and you must be able to produce this document upon request.
Only a short series of items or unique items are allowed.
The products offered must be at least partly hand- or custom-made.
However, this does not apply to those who resell vintage items or (handicraft-) supplies.
Handmade products from developing countries should not be offered if they are not of fair trade origin.
You have to be able to produce a certificate of fair trade upon request.
Products must be unique and in line with the DaWanda philosophy.

To ensure your business runs smoothly on DaWanda, please bear the following in mind:
We are a community, so please treat other DaWanda members with respect and kindness.
Of course, misunderstandings can arise but the best solutions can often be found if you remain friendly and polite and strive to come to a mutual agreement.
Offensive language, defamation and inappropriate language in general have no place in our community and can lead be prosecution or be subject to private law.

Be fair to DaWanda:
We really want you to be happy with your DaWanda shop and we aim to help you establish a successful small business and therefore we ask that you treat us, as well as buyers, fairly.
Please note that is it prohibited to attempt to avoid DaWanda listing fees and we reserve the right to investigate your shop should we believe this is happening.

What´s prohibited?
- To attempt to solicit sales outside of DaWanda through comments, messages, forums or any other type of communication on DaWanda.
- To cancel an order to continue your sale privately with the buyer.
- To provide external links to attempt to attract sales outside of DaWanda.
Advertising other webpages or social media sites referring to your brand is only permitted on DaWanda if you do not use an external shop-system.
- To provide your name, address, email address or telephone number in an attempt to achieve sales away from DaWanda.
Of course your ‘Imprint’ is an exception to this rule.
- To make use of the contact information your customers provide other than to deal with an agreed sale between the two parties.
- To request a commission credit although the customer has paid for the order and you have not refunded it.
If there are concrete indications of violations of our policies, we reserve the right to delete or block your products partly or completely without prior notice.
Multiple or excessive violations will lead to dismissal from the DaWanda marketplace.

Choose the right category!
With unique items it can be tough to find the right category. To ensure you can find the right category for your one-of-a-kind products we regularly develop our category options and the right category can be found for almost any item.
If a product nevertheless makes its way into a category that does not match, it might cause confusion and irritation.
This is especially true for cases where there obviously IS the right category for the very item.

Example: The sewing pattern of a skirt is by mistake placed in the category "fashion" >> "skirts" >> "maxiskirts".
But there is a category "supplies" >> "patterns" for cases like this particular one. By not choosing this supplies category, buyers looking for patterns cannot find your product easily.
The category "anything else" may only be chosen if there really is no other matching category for your product.

Find the right notes to describe your products:
Tags are used to label the keywords appropriate for your products. These tags help DaWanda buyers find your products with ease. Tags should be obvious in their relation to your products and the misuse of tags is a violation of the DaWanda policies.

How it should be done:
Let’s take a skirt as an example. The title, description or tags should feature phrases that match the product. In this case you could use: silk, summer, ruffles, stripes and maritime, for example.
This is how it should not be done: you wish to sell a skirt. The listing feature tags like "baptism candle" or "wall-tattoo".
If there are concrete indications pointing towards offences against these rules, we reserve the right to delete or block your listings partly or completely without prior notice.
Multiple or excessive violations will lead to dismissal from the DaWanda marketplace.

Describe your products in as much detail as possible:
Products made with love usually come with an affectionate, well written and detailed description accompanied by a couple of lovely pictures.
The texts and pictures you use to describe your products, and in comments and ratings, should not violate copyright laws, general law or trademark law.
Describe your product accurately and keep legal requirements in mind.

If you, for instance, sell toys containing small parts that could be a choking hazard for small children, you must label your products and listings clearly.
As mentioned above, do not advertise using other brand names since this risks breaching copyright laws. If you are unsure, please seek legal advice.

Principles to using the forum
Besides browsing, buying, and selling on the DaWanda marketplace, DaWanda members also have the opportunity to exchange their thoughts on the DaWanda forums. The previous principles also apply to the forums in their entirety (so long as they find application).

Even if no information requirements apply to you, in the forum you are also responsible for any content you produce in its full extent.

Please be aware that any concrete, individual questions, which are directed towards the DaWanda team, are usually not answered in the forums. Instead, we offer you private communication with our customer service team via email or telephone.

Most importantly when using the forums are these three points:
- Friendly and respectful behaviour
- Discretion with the handling of confidential information and dates
- Targeted and topical contributions

Additionally, the following types of contributions are not allowed:
- Posts with inappropriate content. This includes, for example, insults, provocations, conjecture, the spread of rumours or the publication of untruths, indecent exposure, and reprimanding other users.
- Advertising.

In general, there is no reason why any posts which do not go against the general principles or the forum rules should be deleted.

Talk to your trading partner:
Generally business on DaWanda runs smoothly but sometimes things go wrong.
Sometimes, for example, a purchase isn’t complete, a customer decides to return an item, or the seller has to give a refund.
In these cases we refund the seller’s listing fee in order to enable the seller to offer the product another time without further financial loss.

Use links carefully:
External links offering sales outside of DaWanda are not permitted. You are more than welcome to link to your blog, or social media channels to advertise your DaWanda shop and you can do this in your product description or on the message board.
You may also provide links to sources of information that help describe elements/ingredients of your products in a non-commercial way, for example a website that gives information on the process of cleansing silk.
Please make sure that the website does not contain any content encouraging an external sale.
You alone are responsible for checking whether the linked site meets the legal requirements. DaWanda cannot accept responsibility for the content of external websites.

Be discrete:
Do not publish any kind of information that is not meant for third parties, or content that you do not have permission to publish. It is prohibited to publish the content of private emails and messages.

Principles on Sanctions and Measures
If there are concrete indications of violations against the DaWanda principles, we reserve the right to take/put into effect reasonable measures and sanctions, depending on the violation. This may mean the cancellation of the listing/offer/rating, and lead to the termination of the contract concluded with you, without notice. In the event of a suspected breach of these principles, we will always carry out a case-by-case investigation and select the appropriate approach on the basis of the information available to us. The corresponding measures can be taken without prior notice. However, cancellation of the usage relationship between DaWanda and its users is only possible in the case of particularly serious or repeated infringements.

These policies are in place to protect you, your buyers and DaWanda, please keep them in mind but remember to enjoy your DaWanda experience at the same time. These rules are in place to ensure we maintain a happy community.