All Minerals

Terms and Conditions


 
  1. Glossary
    1. Sales Partner
      1. A dealer who has been given access to the Der Hammerstein site for the sole purpose of selling mineral specimens.
    2. Listing
      1. An individual item listed for auction.
    3. Collaborative Mineral Auction site
      1. An auction site that deals in mineral species where 2 or more dealers participate in auctions.
    4. User
      1. A customer purchasing specimens from a sales partner.
    5. Standard listing
      1. A standard listing facilitates the sale of an item through standard site positioning with the option to upload 6 images.
    6. Premium listing
      1. A premium listing is an enhanced listing option available to sales partners providing beneficial listing positioning throughout the site and additional home page presence, as well as a bold border and the ability to associate up to 12 images.
  2. Conditions of Use
    1. Dealers to whom use of Der Hammerstein has been proposed shall adhere to the following conditions of use;

      1. General
        1. Dealers must ensure a minimum of 10 specimens are listed each month to ensure an adequate quantity of specimens are added to the site every month.
        2. A minimum standard of photography must be met.  Images should be of a good quality, ideally with a standard black, grey or white background.  All specimens should be advertised with a minimum of two photographs, including at least one overall image and one close up of a ‘key’ area. Images that are of low quality, have been excessively edited or manipulated, do not display the correct colour or do not display the mineral species described are breaches of these conditions.  Der Hammerstein Admin reserves the right to remove any specimen that does not conform to this standard, without notice.
        3. Sales partners must use mineral species names where possible.  Varieties may be included but they should be accompanied by the relevant species name.

      2. Conditions of Sale
        1. All sales transactions are completed between the sales partner and the user.  Der Hammerstein will not be held accountable should a conflict arise but will be available to mediate, should it be necessary.
        2. Sales conditions outlined by all sales partners should be all encompassing and should be clear.  Should a dealer fail to display adequate terms and conditions, the account may be suspended until this has been updated.
        3. Shipping terms must be available prior to the start of an auction
        4. Der Hammerstein accepts no liability or responsibility for losses, financial or otherwise, incurred by Sales Partners using the site through loses of specimens, damage or refunds.
        5. Sales partners should ensure they have adequate cover in case of damage or loss through shipping.
        6. A return policy must be available and contain necessary details such as return postage responsibility in instances where it is required
        7. Der Hammerstein will not cover the cost of losses through non-payment by users.  Should a customer fail to pay for an item, successful sales costs and listing fees (where applicable) will be refunded to sales partners after an attempt by Der Hammerstein admin to resolve the situation.
        8. All transactions should be completed using on-line payment methods or via credit card, prior to the dispatch of any specimen.  Cash on collection is not advised.  No costs will be refunded should a cash on delivery/collection transaction be agreed, only for the customer to subsequently fail to take delivery of the item.

      3. Legal
        1. It shall be the responsibility of the selling partner to ensure appropriate taxation is paid.  Der Hammerstein will not be held accountable for failure of the seller to pay taxes appropriate to their region.
        2. Sales partners must adhere to the distance selling regulations.  For more information, please consult your local trading standards.
        3. The Der Hammerstein user database will not be accessible by sales partners for any reason and will be managed in conformance with standard data protection policies.
        4. Sales partners will be provided limited customer details to fulfil an order.  This information will be limited to User Name, full name, E-mail address and Shipping address, only.  Use of this data for activities unrelated to Der Hammerstein is strictly prohibited.

      4. Advertising
        1. Images posted to Der Hammerstein for the purpose of selling or advertising remain the intellectual property of the photographer and/or the sales partner.   A sales partner is not permitted to re-use any images posted by any other sales partner, without consent from the owner.
        2. Der Hammerstein may re-use images submitted as part of listings for promotional purposes, without notice.
        3. Sales partners may re-use the Der Hammerstein Logo for promotional purposes only.  Attempts to copy or change the Der Hammerstein logo is not permitted.
        4. Sales partners are permitted to advertise their auctions on whatever medium they desire.  Der Hammerstein will not actively advertise specific sellers outside of Der Hammerstein unless otherwise agreed.

    2. Users who have registered to use Der Hammerstein shall adhere to the following terms and conditions;
      1. General
        1. Users of Der Hammerstein must be at least 18 years of age
        2. Users must ensure login credentials are secure to avoid miss-use.  If you suspect that your account has been accessed by a 3rd party, it is recommended that you reset your password and report the issue to Der Hammerstein Admin.
        3. User data will be maintained solely by the account holder. 
        4. While Der Hammerstein monitors all advertisers and contributors to the best of our ability, Der Hammerstein takes no responsibility for the content shared by 3rd party advertisers and contributors. 
        5. Der Hammerstein will only share pertinent user information with registered sales partners at the point of purchase.  At no other point shall sales partners or advertisers have access to your private information.
        6. Sales partners are permitted to use the information Der Hammerstein provides in order to fulfil your order and communicate with you directly.  Use of this data outside of activities related to Der Hammerstein is strictly prohibited.  Should you suspect your details have been miss-used, it should be reported immediately to Der Hammerstein admin.

      2. Bidding
        1. Bidding on an item listen on Der Hammerstein is a legally binding contract between you and the seller.  Should you win, you have agreed to purchase the item at the price bid. 
        2. It should be noted that distance selling regulations (DSR) do not apply to items won in auction and as such, you have no legal recourse to return an item without a valid reason. 
        3. It is the duty of the user to review all terms and conditions and shipping policies prior to bidding on a specimen.
        4. Users are entirely responsible for the bids they place on any item listed on Der Hammerstein.  In the rare instance a bid needs to be retracted, users should contact Der Hammerstein admin immediately. Please remember that you are bidding to buy an item.

      3. Communication
        1. Should an issue arise, users are encouraged to consult with the dealer first.  Should a resolution not be found, Der Hammerstein admin will act as intermediaries to resolve an issue fairly.
        2. Abusive or disruptive communications from users to dealers or Admin will result in account suspension or deletion.
        3. Users will never be contacted by Der Hammerstein admin or sellers to request passwords or account details. 

  3. General
    1. Der Hammerstein reserves the right to reject and accept dealer applications as necessary.
    2. The following sales partner profiles are examples of those that will not be permitted to sell on Der Hammerstein;
      1. Collectors looking to sell on an ad hoc basis
      2. Dealers solely selling polished stones, beads or other related ephemera
      3. Wholesalers of bulk material
      4. Dealers selling non-mineralogical materials of any kind
    3. Breaches of terms and conditions may result in account suspension or, in serious or repeated breaches, account deletion.  In all situations, parties will be consulted before any decision regarding account status is made.