TrEmbu User Agreement

Updated February 2012

Thank you for your interest on becoming part of our community and welcome to TrEmbu. By using the TrEmbu.com web site or establishing an account with TrEmbu.com you are agreeing to be bound by the following terms and conditions.

Overview

Before you become a member of TrEmbu.com you must read and accept all of our terms and conditions, privacy policy, code of conduct and must offer a return policy.TrEmbu.com is an E-commerce Platform where buyers and sellers come together to buy and sell a venue provided to buyers and sellers, we do not get involved in transactions, nor do we guarantee items nor services advertised or provided by our sellers. It is the buyer’s responsibility to check stores policies and adhere by them and if there is any questions, buyers and sellers are encouraged to communicate with each other to resolve any questions or concerns.

Basic Terms

• All sellers must offer a return policy under their own terms
• You acknowledge that you must be 18 years of age or older to open any kind of accounts and the use of this site.
• You acknowledge that keeping your password secure is your sole responsibility
• You agree not to use TrEmbu for any illegal or unauthorized purpose
• You are responsible for any and all information in your store such as pictures, videos, links or any content you display in your store.
• You agree not to transmit any viruses or anything of a destructive nature.
• You agree to all our fees and understand that if you are ever on default your selling privileges may be revoked.
• You are responsible for charging and paying any applicable taxes to your State.
• You warrant that you will treat your clients with respect and that you will do anything in your power to satisfy their questions, concerns and that you will stand behind any and all your items or services.
• You will outline reasonable shop policies and must abide by them.
• All sales are binding and sellers are responsible and obligated to ship and complete all paid orders.
• TrEmbu has the right to cancel any account that has not been in use for over 90 days.
• Any store that gets 3 strikes negative feedbacks because of item not being of good quality goes into investigation and if the lack of good quality is presence, we reserve the right to irrevocably suspend your account. The same applies to any buyer members that abuses the quality or the non paying policy. Upon receiving 3 strikes, their account will be suspended.
• Any items put in the wrong category will be put into inactive status until the item is put in the right category.

General Conditions

• TrEmbu reserves the right to modify or terminate any service for any reason at any time, with or without notice.
• We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
• We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use
• We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Prohibited Items

Prohibited items are any and all items that promote, glorify, incite, encourage, condones, disparage, make fun of, hatred based upon: race, religion, gender, illness, disabilities, sexual orientation, offensive language and pictures, profanity, sexual content, obscene or inappropriate, violence, self harm and demean others, illegal activity, lawbreaking. Alcohol, Tobacco, Drugs, drugs-like substances, drug paraphernalia, illegal animal products, pornography, firearms and/or weapons, recalled items, counterfeit, stolen goods, infringements such as copyright, patent, trademark.

Abusing TrEmbu

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. TrEmbu may remove content (by way of example but without limitation: items, item description, chat text, booth text, and information submitted in the forums)

Seller Representation and Covenants

• Deal with us and Buyers in good faith and refrain from offering any items that are not intended to be sold or delivered.
• Honor the terms of sale and comply with other policies on the site.
• Refrain from any unruly, disruptive, unprofessional, or offensive conduct while using our Site, communicating with our personnel, or with any Buyer or Seller. Engage in true dealings and treat your clients in respectful professional matter and furthermore agree to always be open to communication and wiliness to respond and settle any situations that may be unsatisfactory to your clients.
• Only open shops on our Site using your real, verifiable name, and allow us to check periodically your real identity by requesting for verification as may be reasonable and appropriate, at our sole discretion.
• You will not harass or interfere with the privacy of any Buyer, and post false, inaccurate, misleading, defamatory, or libelous content about any Seller or Buyer. Or utilize, copy, modify, distribute technology-related practices such spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Site or any Seller or Buyer, violate any laws, third party rights, or any of our policies posted on the Site.
• Sellers are responsible for inspecting quality in terms and shipping them

Release of Claims

You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of breach of these Terms & Conditions or your violation of any law or the rights of a third party. You will not hold us responsible for the actions or inactions of any Buyer or any Seller on the Site. You acknowledge that we are not involved in the actual transaction between Sellers and Buyers and do not guarantee the ability of Sellers to sell the items, and the ability of Buyers to pay for the items, or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY ( CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fees you have paid us in the prior twelve (12) months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. You will indemnify and hold us (and our 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 breach of this Agreement, or your violation of any law or any rights of a third party.

Code of Conduct Pledge

Quality:

In our products/items being offered for sale
(All our products must meet the quality craftsmanship, whether you made it yourself or not)
Of care to all our members (Being professional and treat each other with respect)
In Customer Service (Knowledge and quality in customer service to build trust)
Resource Utilization (Interpersonal and communication skills)

Behavior:

Orderly, courteous, dignified and respectful , manner
Application everywhere, via Tmail, Chats, Forums, Blogs, Description on items, Comments, etc, in person,

Protocol

The client is ALWAYS right and even when they are not, we still covet that their experience is a positive one.
Being Assertive never aggressive, be impeccable, never take things personal nor assume & always do your best.
Encourage reporting of inappropriate behavior and selling.
Communication and answering questions, emails or concerns in a timely matter

From TrEmbu to all

To offer venues that provide communication
To act in a professional, respectful manner
To enhance a spirit of cooperation, mutual respect and trust among our members
To address disagreements in a constructive, respectful manner, privately
To provide management and support to all our members

Our Code of Conduct policy applies to all and holds everyone to the same standard.

Common TrEmbu Store Requirements

To provide TrEmbu's customers and shop owners with the highest quality of products and services, we require all shops to meet our quality standards:

• Must register on TrEmbu with your full name, working email address, mailing address, and working phone number in your My Account section. This information is used by TrEmbu, but not viewable to buyers. To help ensure a good Web experience for Buyers and Sellers, TrEmbu does not tolerate the usage of false names or virtual identities to transact business on the Site and reserves the right to request evidence of your real name and address at any time to prevent such abuse.
• Each item placed in your TrEmbu store must have a full text description and 6 quality photos that describes only the item. Your final photo for each item may include other relevant items, in addition to the listed item.
• No Keyword spamming, or using text unrelated to the item, is allowed
• Items that cannot be legally sold or traded cannot be listed and if listed will be subject to immediate removal, we retain the right to decide whether an item is appropriate for display.
• Your TrEmbu Account must be in good standing at all times.
• Your store must not have any unresolved customer complaint against it. Any complaint must be resolved in a timely manner.
• All items listed must be available for sale. Having unavailable merchandise listed in your shop is not acceptable and turns buyers away from all stores on TrEmbu.
• Sellers may not link any other sites that allow TrEmbu's buyer out of our site, except and not limited to those use to market the TrEmbu store like Facebook, twitter etc.

TrEmbu holds our store owners to a very high, ethical, conduct of business. If a customer complains directly to us about a shop, we investigate the complaint, and direct the shop to resolve the complaint against them. If the complaint cannot be resolved in a timely manner, we may temporarily close the shop until the complaint is resolved. A third complaint is sufficient grounds for removing the store from TrEmbu. We also may close a store for being rude or abusive to customers, dishonest, for unprofessional behavior, or if we feel that in our best judgment, leaving a store open will cause future problems.

Return Policy

• We feel confident that after much research on this subject and after understanding that even when a seller states on their items "NO RETURN ACCEPTABLE" PayPal does not honor such policy and if any disputes are ever opened against any seller, the outcome will most likely be that the seller has to receive such item back and refund full funds to the buyer. Based on these principles and looking forward for buyers to always have a rewarding buying experience at TrEmbu and guaranteeing the return of happy, loyal clients back to our site!
• We consider Return Policy a Win-Win situation for all of us.
• This excludes custom items unless damaged and all refunds are subject to any restocking fees if agreed at the time of purchase
• All sellers MUST offer return policies at their own terms and encourage others to list such under your own policy terms.
• All purchases have a return policy and both buyer and seller share responsibility for making sure purchases are accomplished.
• We encourage both to work together before opening a claim
• Upon an investigation, buyer and seller permit us to make a final decision and it is in our sole discretion to reach a final decision in which sellers and buyers are bound to follow.
• Feedback will not be available on returned items.

Our return Policy will govern in the event of any conflict between buyer and seller's policy of any individual store

• In the event that you are not pleased with your TrEmbu's purchase, excludes custom items unless they are damaged, simply contact the store owner where you bought the item by email within 5 days of delivery of your item to arrange for its return and refund less any restocking fees, if stated in by store owner's terms of sale at the time of purchase.
• Store Owner must acknowledge your return requested within 5 days
• You must ship the item back to the shop within 5 days of this acknowledgement
  The item must be returned in its original packaging, insured (if Available) for its purchase price and must be received in the same condition as when it was shipped to you with any tags and identifying marks intact.
  Buyer pays for return shipping and insurance, unless agreed otherwise between the buyer and store owner.
• ● After the store owner verifies that the returned item(s) is in its original form sent, they must issue a full refund within 5 days and or less any restocking fees if stated by store owners terms of sale at the time of purchase.
• This policy does not apply to any custom orders and policies for these vary by stores, be sure to check the individual store owner's policies before making your purchase

Buyer Advantage

• TrEmbu's Buyer Advantage helps ensure that your online purchase experience is not only a positive one but a rewarding one, all of the items offered by our legit sellers MUST be of 100% quality.
• All open stores are required to follow an ongoing, standard set of quality guidelines to help ensure that all items you see for sale are genuine, and accurately represented. Our site is always up and running.
• We have a strong privacy policy, as well as safeguards to ensure the confidentiality of your transaction information. And we never share your contact information or data with third Parties.
• All of our sellers offer a friendly return policy, we recommend that you check the store policies before making any purchases to ensure full knowledge of each store's policies and terms.

Buyer Protection

• Buyers and sellers share the responsibility for making sure purchases facilitated by TrEmbu are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase and only when a return or refund has failed.
• Buyers and sellers agree to follow the requirements of the Purchase Protection Policy with respect to claims. TrEmbu Purchase Protection covers only claims filed in accordance with TrEmbu's Purchase Protection Policy, not claims filed with PayPal.
• We may suspend the TrEmbu Purchase Protection Policy without notice if we suspect abuse or interference with the proper working of the program.
• All cases require that a claim be filed with PayPal first within the first 30 days of the purchase date.

Quality Protection

All items sold at TrEmbu MUST be of 100% quality in materials and craftsmanship. If there are any questions about an item, that does not meet quality standards we encourage buyers to follow the return policy with the seller and also to report such item for lacking quality standards. Once that item is investigated and agreed to its lack of quality standard, seller may not sell such item in our site, if a seller receives 3 strikes under the quality standards his store will be suspended or removed.

Feedback

Each time you buy or sell something as a member you have an opportunity to leave Feedback about your experience.
That Feedback is an essential way to establish a reputation of trust for buyers, sellers and the TrEmbu platform.
Feedback consists of a positive, negative, or neutral rating, along with a short comment. Buyers and sellers build reputations that are based on all the Feedback ratings and comments left by their trading Partners.

• All negative feedbacks are posted along with sellers response.
• Negative feedback WILL NOT be allowed under any circumstances if the negative experience was NOT the seller’s fault.

Ex: Seller has proof the item was shipped in a time manner but was delayed from shipper company, whether damaged outside package only, or buyer ordered wrong thing or selection.

• Unpaid, returned and cancelled transactions does not qualify for feedback, even when a feedback is left, it will deactivate upon cancellation

Fees

• TrEmbu's fee are simple and transparent.
• There is a $24.99 one site store set up fee.
• $5.99 annual membership fee
• $.10 cents per listing fee up to 99 items per quantity available, allowing buyer to buy up to 99 items if available for the same listing fee, however once buyer listings, quantity will no longer be available and seller must relist to have items available again.
• A final 4% commission will be charged with a $.25 cents minimum fee.

Broken Rules? Contact Us

Please contact us through the website if you have any complains about content or a user of the website. We will review our records and be in contact with you regarding our findings.

Actions

1. We will first attempt to mediate the situation and communicate directly with the users involved with the complaint.
2. We will temporarily suspend your account for several days.
3. We will lastly ban your account and your content will be removed.
4. Breach: Without limiting any other remedies, TrEmbu may, without notice, and without refunding any fees, delay or immediately remove Content, warn TrEmbu's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services