House of rules

Personal Data Protection

‍

MASTER THE HANDPAN is concerned about the protection of personal data and the privacy of users accessing the Site.

The protection of your personal data is an essential part of our relationship. This relationship is based on a principle of transparency designed to respect your privacy in accordance with the regulations in force in Europe, particularly in application of the Data Protection Act and the General Data Protection Regulation (GDPR), the "Regulations".

As such, the user is informed that, in the context of the use of the Site, some personal data may be collected and processed by MASTER THE HANDPAN, in accordance with the applicable legal and regulatory provisions, in compliance with the current version of the law for confidence in the digital economy.

‘Personal data’ in the aforementioned law refers to any information relating to a person identifiable, directly or indirectly, by reference to one or more elements relating to them.

‍

What data do we collect?

MASTER THE HANDPAN undertakes to only collect personal data for specific, explicit and legitimate purposes and not to treat the same data in a manner incompatible with these purposes.

The user's personal data is collected via the Site's registration forms and includes the following data:

• Last name First Name ;
• E-mail adress ;
• IP address.

When a user buys one of the MASTER THE HANDPAN courses through the TEACHABLE platform, the latter collects personal data that is not shared or exploited by MASTER THE HANDPAN.

We invite you to read the Teachable Privacy Policy to learn more about the use of your personal data.

‍

What is the data used for?

Aims

Your personal data is only collected and processed to:

• Send you free training videos
• Send you blog articles
• Send you promotional offers on MASTER THE HANDPAN lesson packs
• Inform you about commercial offers from our partners
• Keep you updated about competitions or new products

We only keep your data for as long as necessary to enable us to fulfill the purposes mentioned above or to enable us to meet our legal obligations.

‍

Who receives this information?

The personal information is strictly for MASTER THE HANDPAN and only the administrators of the Site are then able to access, manage and process the information.

MASTER THE HANDPAN does not undertake to sell, rent, assign or give access of the user’s personal data to third parties without prior consent, unless obliged to do so because of a legal requirement (court ruling, exercising defence rights, etc.).

In accordance with the legal requirements, MASTER THE HANDPAN will keep the user's personal data only for the minimum and maximum retention periods provided by the applicable legislation.

‍

How secure is your data?

MASTER THE HANDPAN undertakes to put in place legal and technical means capable of ensuring the confidentiality and the security of the user’s personal data, so as to prevent any damage, deletion or access by unauthorized third parties.

We have defined technical and organisational measures to protect your data appropriately according to their nature, extent of treatment and accessibility. It may be for example encryption of data, management of access rights, secure input flow, ...

Respect for the security and protection of your data is essential for all our employees and our service providers.

‍

Management of Rights

You may at any time request access to your personal data, amendments, deletion or limit the way in which this personal data is used, under the conditions provided by the Regulations.

You also have the right to modify or withdraw, at any time, your consent to the processing of your personal data. Your personal data may be stored or deleted after your death in accordance with the Regulations.

You can exercise your rights at any time by contacting MASTER THE HANDPAN:

• By post to: David Charrier, 15 bvd Lascrosses 31000 TOULOUSE
• By email at the following address: contact@masterthehandpan.com

For further information on personal data protection, the user can consult the official website for the National Commission for Computing and Freedoms (CNIL): www.cnil.fr.

‍

‍

Use of cookies

‍

What is a cookie ?

The cookie is the equivalent of a small text file stored on the user's terminal (computer, tablet, smartphone). They allow website developers to keep user data to facilitate their browsing and to allow certain features.

Information about cookies

MASTER THE HANDPAN points out that in order to access to all or part of the Site, the user  may be subject to accept the installation of cookies on their computer, for statistical and display reasons.

The cookies used by the MASTER THE HANDPAN allow:

• To display, during a first visit, the banner indicating the presence of cookies and the option to the user to accept or disable them.

• To establish statistical measures of number of visitors and use of the Site, in order to improve the use, the routes and the proposed features, via Google Analytics. As such, the anonymization feature of the user's IP address has been activated. If the user does not want to transmit information to Google Analytics, they can download and install the following module in the web browser: https://tools.google.com/dlpage/gaoptout?hl=en. This add-on is compatible with Chrome, Internet Explorer 11, Safari, Firefox and Opera. To work, this add-on must be downloadable and run correctly in the browser. For Internet Explorer, third-party cookies must be enabled.

• To share pages from our Site on social networks, via Add This. If the user does not wish to transmit information to Add This, access the following link and click on the OPT OUT button:

           http: //www.addthis.com/privacy/opt-out

• To collect audience information via Facebook Pixel. If the user does not wish to transmit information to Facebook and / or not receive targeted ads, profile preferences may be modified: https://www.facebook.com/ads/preferences/?entry_product = ad_settings_screen

Cookies and social networks

MASTER THE HANDPAN integrates features allowing to share pages and / or to collect information relating to the user via Facebook, Twitter, Google +, etc ...

Social networks are likely to identify the user through these features. MASTER THE HANDPAN has no control over the processes used by these networks to collect information relating to the navigation on the Site. MASTER THE HANDPAN recommends users to consult the conditions of use of these social networks in order to know the how this personal data is used, including for advertising purposes.

Delete or disable a cookie

The user can set the browser to indicate the presence of cookies and offers to accept them or not. The user can accept or refuse cookies for individual sites or choose to refuse all cookies.

If the browser of a user is configured to refuse all cookies, the user may not be able to access certain services offered on the site.

In the browser:

• In Internet Explorer: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies
• In Firefox: http://support.mozilla.org/en/kb/Activate%20and%20d%C3%A9sactiver%20les%20cookies
• In Google Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en
• In Safari: http://support.apple.com/kb/HT1677?viewlocale=en_US
• In Opera: http://help.opera.com/Windows/10.20/en/cookies.html

The CNIL also offers a complete guide giving the tools to control cookies:

https: //www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser

Cookies can also be disabled from the browser or, for targeted advertising cookies posted by third party sites, directly from the platform http://youronlinechoices.com/fr

‍

‍

MasterTheHanpan Marketplace's Buyer Policy

MasterTheHandpan Marketplace is a venue where you can purchase handpan and tongue drums directly from handpan makers around the world. Whether you are looking for handpans or tongue drums, we want you to have a positive experience shopping on MasterTheHandpan Marketplace. Please read on to find out more about your rights, as well as what is expected of you, as a buyer.

This policy is a part of our Terms of Use. By shopping on MasterTheHandpan Marketplace, you’re agreeing to this policy and to our Terms of Use.

‍

1. Understanding MasterTheHandpan Marketplace’s Limitations as a Venue

MasterTheHandpan Marketplace provides a venue for buyers to discover and purchase from sellers around the world. It is important to note that MasterTheHandpan Marketplace is not a part of that transaction. By shopping on MasterTheHandpan Marketplace, you understand that:

1. You are not buying directly from MasterTheHandpan Marketplace, but from one of the many talented handpan makers on MasterTheHandpan Marketplace;
2. Each seller on MasterTheHandpan Marketplace has their own processing times, shipping methods, and shop policies; 

‍

2. Purchasing an instrument on MasterTheHandpan Marketplace

When you buy from a shop on MasterTheHandpan Marketplace, you’re directly supporting an independent business, each with its unique listings, policies, and processing times. By making a purchase from a seller on MasterTheHandpan Marketplace, you agree that you have:

1. Read the item description and shop policies before making a purchase;
2. Submitted appropriate payment for the item(s) purchased; and
3. Provided accurate shipping information to the seller.

When purchasing from sellers using MasterTheHandpan Marketplace, buyers may authorize a payment with any major credit or debit card accepted by Shopify Payments Amazon Pay or PayPal.

By using a third-party service, you may also be subject to an agreement with the third party. For example, PayPal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement. Apple Pay is a third-party service provided by Apple Inc. and is subject to the Apple Pay Terms and Conditions. Google Pay is a third-party service provided by Google Payment Corp. and is subject to the Google Pay Terms of Service for US users, non-US users, and India residents. 

When purchasing from sellers who use PayPal only, buyers may pay through PayPal only. Sellers may share your personal or transactional information with those third-party service providers for purposes related to payment processing. ​​The provider and processing time for your payment will vary based on the country in which you are located. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, sellers reserve the right to contact you directly and to seek payment.

For the safety of our community and to avoid scams and fraud, all transactions must take place through the sellers checkout system on MasterTheHandpan Marketplace.

‍

3. Leaving a Review of an Item

Reviews are a great way to learn about a seller’s instruments, help sellers build a strong reputation, or help warn other buyers about a poor experience.

You can leave a review, including a one to five star rating for 100 days after your item’s estimated delivery date. If an estimated delivery date is not available, the review window opens after the order’s processing and shipping time have elapsed. Your review and/or photograph and profile information will be publicly displayed on the seller's listing and review pages.

By leaving a review or photograph, you acknowledge that your content does not violate the following rules:

1. Contain graphic, mature, or obscene language or imagery, or any content that is subject to our mature content policy;
2. Concern things outside the seller’s control, such as a shipping carrier, MasterTheHandpan Marketplace, or a third party;
3. Undermine the integrity of the review system.

By uploading a photograph to one of MasterTheHandpan Marketplace’s web pages, you are warranting that:

1. You own the photograph or you have the rights or permission to use the photograph; and
2. You understand that, as stated in MasterTheHandpan Marketplace’s Terms of Use, MasterTheHandpan Marketplace has license to use any content you provide to MasterTheHandpan Marketplace.

We reserve the right to remove reviews or photographs that violate our policies or Terms of Use.

4. Reporting a Problem with an Order or Returning an Item

MasterTheHandpan Marketplace’s Case System

Although MasterTheHandpan Marketplace is not directly involved in a transaction between a buyer and a seller, we provide a ticket system in the unlikely event that your order does not go as expected and you are unable to reach a resolution with the seller. If you experience an order issue, the first thing you must do is contact the seller and give them 48 hours to resolve the issue. After this period, you can use MasterTheHandpan Marketplace’s ticket system to alert MasterTheHandpan Marketplace of an unresolved order issue in the event of a non-delivery or if an item you receive is not as described in the listing. By using MasterTheHandpan Marketplace’s ticket system, you understand that MasterTheHandpan Marketplace may use your personal information for the purpose of resolving disputes with sellers. However, you may still communicate directly with the seller to come to an off-platform resolution. Refunds issued by sellers will be in your original form of payment, and if such payment is not available, a credit from the seller will be issued.

Non-Delivery

A non-delivery occurs when a buyer places an order but does not receive the item. The following are examples of non-delivery cases:

1. There is no valid proof that the item was shipped to the buyer.
2. An item was not sent to the address provided on MasterTheHandpan Marketplace.

Not as Described

An item is not as described if the buyer can demonstrate that it is significantly different from the seller’s listing description or photos. Here are a few examples of not as described cases:

1. The item received is a different color, model, version, or size.
2. The item has a different design or material.
3. The seller failed to disclose that an item is damaged or is missing parts.
4. The buyer received the incorrect quantity of items (e.g., the buyer purchased three items but only received two).
5. The item was advertised as authentic but is not authentic.
6. The condition of the item is misrepresented (e.g., the item is described as new but is used).

Not as described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:

1. The item(s) were ordered for a specific date or event.
2. The item(s) are rendered useless after that date.
3. The seller did not ship the item(s) according to their processing time or the date agreed upon in Messages.

If MasterTheHandpan Marketplace determines that an item is not as described, the seller will be required to refund the order, including original shipping and return shipping, if applicable. In the event that the seller needs to refund the return shipping cost, that refund may come in the form of a credit. 

Ineligible Transactions

Some disputes don’t qualify for MasterTheHandpan Marketplace’s case system. These include:

1. Items that are damaged by the shipping carrier (if properly packaged by the seller).
2. Items that have been altered, used, worn, washed, or discarded after receipt.
3. Items that are received after the agreed-upon delivery date due to shipping delays.
4. Items that are returned without a return agreement.
5. Items that are accurately described but don’t meet a buyer's expectations.
6. Cost of shipping, taxes or VAT disputes.
7. Items that are purchased in person.
8. Transactions where payment is not made via the seller’s checkout system on MasterTheHandpan Marketplace.

‍

5. Requesting a Cancellation

Only sellers may cancel transactions. Buyers may request that a seller cancel an order via Messages. 

‍

6. Returning an Item

Each seller has his or her own return policies, which should be outlined in their individual Policies. All sellers accept returns. If you reside in the European Union or United Kingdom, you may be entitled to a 14-day “cooling off period,” or a “right of withdrawal,” during which you may return an item for any reason.

Welcome to MasterTheHandpan Marketplace. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules.

1. Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short). The Terms are a legally binding contract between you and MasterTheHandpan Marketplace. 

Please note that Section 8: Disputes with MasterTheHandpan Marketplace, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use MasterTheHandpan Marketplace, so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. 

2. The Other Documents We Mentioned

MasterTheHandpan Marketplace connects people around the world to buy handpans and tongue drums. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use our Services:

Our House Rules for Everyone. If you use any of our Services, you agree to these Terms and our Privacy Policy. Our House Rules for Buyers: If you use our Services to browse or shop, these policies apply to you. All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you.

3. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy.

Both MasterTheHandpan Marketplace and sellers process members’ personal information (for example: buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not MasterTheHandpan Marketplace, will be responsible for that unauthorized disclosure.  

If, however, MasterTheHandpan Marketplace and sellers are found to be joint data controllers of buyers’ personal information, and if MasterTheHandpan Marketplace is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify MasterTheHandpan Marketplace for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to MasterTheHandpan Marketplace.

4. Placing an order with MasterTheHandpan Marketplace

Here are a few rules that apply on the MasterTheHandpan Marketplace when ordering an item:

A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use MasterTheHandpan Marketplace or the Services. You are responsible for any and all activity conducted by a minor. 

B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your order, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates our Terms.

D. You're responsible for your order. You’re solely responsible for any activity on your order. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.

F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and MasterTheHandpan Marketplace.

5. Termination

We may terminate or suspend your account (and any accounts MasterTheHandpan Marketplace determines to be related to your account) and your access to the Services should we have reason to believe you, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to buy on our website. Generally, MasterTheHandpan Marketplace will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or MasterTheHandpan Marketplace terminate your account, you may lose any information associated with your account.

We May Discontinue the Services 

MasterTheHandpan Marketplace reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in MasterTheHandpan Marketplace’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you.

6. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that MasterTheHandpan Marketplace does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so MasterTheHandpan Marketplace cannot and does not make any warranties about their safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release MasterTheHandpan Marketplace from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. MasterTheHandpan Marketplace is not a party to those agreements; they are solely between you and the third party.

7. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if MasterTheHandpan Marketplace gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend MasterTheHandpan Marketplace and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

8. Disputes with MasterTheHandpan Marketplace

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of the Registre du commerce de Toulouse, without regard to its conflict of laws rules, and the laws of France. These laws will apply no matter where in the world you live, but if you live outside of France, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

12. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

14. Contact Information

If you have any questions about the Terms, please email us at marketplace@masterthehandpan.com.