Terms & Conditions

Website: holidaykitmarket.com
Contact: info@holidaykitmarket.com
Effective date: 1 October 2025

Welcome to Holiday Kit Market, a marketplace for festive digital and printed decorative items with themed holiday designs (the “Marketplace”). These Terms & Conditions (“Terms”) govern your access to and use of the Marketplace, whether you are browsing, purchasing, or selling items.

By accessing or using the Marketplace, you agree to these Terms. If you do not agree, do not use the site.

1) Definitions (apply to everyone)

• Holiday Kit Market (“HKM”, “we”, “us”): the operator of the Marketplace.

• User: any person who visits or uses the Marketplace.

• Customer: a User who purchases items.

• Seller: a User who lists and sells items.

• Items: festive decorative products – digital Items (e.g., downloadable/printable files such as PDFs, PNGs, SVGs).

• Order: a purchase of one or more Items.

• Account: a registered profile used to buy or sell on the Marketplace.

2) General Terms (apply to all Users)

2.1 Eligibility. You must be at least the age of majority in your place of residence and able to enter into a binding contract. If you are using the Marketplace on behalf of an organization, you represent that you are authorized to bind that organization.

2.2 Account & Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your Account. Notify us immediately of any unauthorized use.

2.3 Acceptable Use. You agree not to:

• violate any applicable laws or third-party rights (including IP rights);

• upload, list, or purchase Items that are illegal, hateful, pornographic, harassing, or that depict prohibited symbols where restricted by law;

• interfere with the Marketplace’s operation or attempt to bypass security measures;

• collect or harvest personal data from the Marketplace except as permitted for transactions.

2.4 Marketplace Role. HKM provides a platform where Sellers and Customers contract directly with each other. Unless we are explicitly the merchant of record for a specific transaction, we are not a party to the sales contract and do not guarantee Sellers, Items, or shipments. However, we may offer tools to facilitate payments, messaging, and dispute support.

2.5 Fees & Taxes. We may charge fees to Sellers and/or Customers where disclosed at checkout or in the Seller Dashboard. Users are responsible for all applicable taxes. HKM may collect, report, and/or remit taxes where legally required.

2.6 Communications. By using the Marketplace, you consent to receive transactional and administrative communications. You can opt out of marketing emails at any time.

2.7 Privacy. Our processing of personal data is described in our Privacy Policy (available on the site). Do not share sensitive payment data via messages.

2.8 Changes to the Terms. We may modify these Terms by posting an updated version with a new effective date. Continued use after the effective date constitutes acceptance.

3) Intellectual Property & Licensing (all Users)

3.1 Seller Content. Sellers retain ownership of their designs and listings. By listing Items, Sellers grant HKM a non-exclusive, worldwide, royalty-free license to host, display, and promote the listings and related content solely for operating and marketing the Marketplace.

3.2 Customer License for Digital Items. Unless a listing explicitly states otherwise, Digital Items are licensed, not sold, for personal, non-commercial use by a single Customer. You may not redistribute, resell, sublicense, or claim the work as your own. Commercial licensing (if offered) must be expressly stated in the listing or a separate written license.

3.3 Trademarks & Publicity Rights. Sellers are responsible for ensuring that designs do not infringe third-party trademarks, copyrights, or publicity rights (e.g., celebrity images, team logos) without permission.

3.4 Takedowns. We may remove content in response to IP complaints or our own review. Repeat infringers may be suspended or terminated.

4) Payments, Pricing, and Payouts (overview)

4.1 Payments. Payments are processed by third-party payment providers. Your use of those services may be subject to their terms and privacy policies.

4.2 Currency & Pricing. Prices are set by Sellers (or by HKM where HKM is the merchant of record) and shown in the currency indicated at checkout.

4.3 Chargebacks. Chargebacks are handled by the payment provider. We may provide evidence to respond to disputes and may debit the Seller for chargeback amounts and related fees where the chargeback is attributable to the Seller.

5) Disclaimers; Liability; Indemnity (all Users)

5.1 Disclaimers. The Marketplace and Items are provided “as is” and “as available.” To the maximum extent permitted by law, HKM disclaims all warranties (express, implied, or statutory), including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

5.2 Limitation of Liability. To the maximum extent permitted by law, HKM will not be liable for (a) indirect, incidental, special, consequential, or punitive damages; or (b) aggregate liability exceeding the greater of the total fees you paid to HKM in the 6 months preceding the claim, or 100 euros.

5.3 Indemnity. You will indemnify and hold harmless HKM from any claim arising out of your breach of these Terms, your Items (for Sellers), or your misuse of the Marketplace.

A) Terms for Sellers

A1. Seller Accounts & Verification. We may require identity verification, tax information, and compliance checks. You must provide accurate information and keep it updated.

A2. Listings & Accuracy.

• Clearly describe each Item, including what is included (file formats/sizes for Digital Items; materials, dimensions, and production times for Physical Items).

• Specify permitted uses (e.g., personal vs. commercial license), and any customization options.

• Prohibit misleading claims and keyword stuffing.

A3. Digital Items — Delivery.

• Digital Items must be accessible for download promptly after payment (e.g., via instant download link).

• Provide clear instructions for printing, recommended paper/ink settings, and any fonts required.

A4. Prohibited Content. No infringing, counterfeit, deceptive, unsafe, or unlawful designs. Seasonal/holiday themes must comply with local laws and cultural sensitivity standards. No use of third-party IP (e.g., movie characters, brand logos) without authorization.

A5. Customer Support & Messaging.

• Respond to Customer inquiries within a reasonable time (recommended: 2 business days).

• Provide post-purchase support for download issues, file corruption, or misprints attributable to your files.

A6. Cancellations, Refunds & Replacements.

• Digital Items: Due to their nature, refunds are typically not provided once the file is delivered, unless the file is defective, corrupted, or materially not as described—then you must remedy (e.g., replacement file or refund).

A7. Pricing, Taxes & Invoices.

• Set your own prices and include all required taxes where you are responsible.

• If HKM collects/remits certain taxes by law, we will reflect this at checkout. You remain responsible for your tax filings unless the law shifts liability to HKM.

A8. Fees & Payouts.

• We may charge listing, transaction, payment processing, and/or payout fees as disclosed in the Seller Dashboard or Help Center.

• Payouts occur via the payment provider to your designated account, net of applicable fees, refunds, and chargebacks.

A9. Performance & Penalties.

• Maintain acceptable order defect and cancellation rates.

• We may downgrade visibility, pause listings, or suspend Accounts for policy violations or poor performance.

A10. License Clarity.

• If you offer commercial licenses, state the scope (permitted uses, attribution, print-run limits, sublicensing, and exclusivity).

• Absent a stated commercial license, Customers receive personal-use rights only.

A11. Compliance.

• You are the “seller of record” for your Items unless otherwise stated.

• You must comply with all laws applicable to your listings, marketing, taxes, and exports.

B) Terms for Customers

B1. Placing Orders. Review the listing details, file formats, dimensions, and license type before purchase. By placing an Order, you agree to pay the total price shown at checkout.

B2. Digital Items — Access & Use.

• After payment, you’ll receive a download link or access through your Account.

• License: Unless a listing grants commercial rights, your license is personal, non-transferable, and non-commercial.

• You may print for personal use and household events but may not redistribute or resell the files or prints.

B3. Cancellations, Refunds & Returns.

• Digital Items: Generally non-refundable once delivered, except for defects or misdescription. Contact the Seller first; if unresolved, contact HKM for assistance.

B4. Custom Orders. If a Seller offers customization (e.g., names, dates, colors), review proofs carefully. Your timely approval is required; delays may affect delivery windows.

B5. Reviews. Reviews must be accurate, respectful, and based on your genuine experience. We may moderate reviews that violate policies.

B6. Technical Requirements. Ensure you have suitable software and hardware to open and print Digital Items (e.g., PDF reader, printer settings). Color output may vary by printer and monitor calibration.

6) Suspension & Termination

We may suspend or terminate Accounts that violate these Terms, pose legal or security risks, or engage in fraud. You may close your Account at any time; certain obligations (e.g., outstanding fees, licenses already granted) survive termination.

7) Disputes & Governing Law

Before filing a claim, please contact us so we can try to resolve the issue informally at info@holidaykitmarket.com.
To the extent permitted by law, these Terms are governed by the laws of the jurisdiction where HKM is established, without regard to conflict-of-law rules. Venue for disputes will be the competent courts of that jurisdiction, unless mandatory consumer law provides otherwise.

8) Notices & Contact

Official notices to HKM must be sent to info@holidaykitmarket.com. We may provide notices to you via the email address in your Account or by posting on the site.

9) Severability & Entire Agreement

If a provision is found unenforceable, the remaining provisions remain in effect. These Terms constitute the entire agreement between you and HKM regarding the Marketplace and supersede prior understandings.

Seller/Customer Help

If you have questions about these Terms, licensing (personal vs. commercial), or a specific Order, email info@holidaykitmarket.com with your Order number (if applicable).