Terms of Service

1. This agreement

These Terms of Service ("Terms") are a binding agreement between you and This Way Mart ("This Way Mart", "we", "us"). They apply whenever you visit thiswaymart.com, use our apps, create an account, buy, sell, post a request, take part in a drop or otherwise use our services (together, the "Services"). By using the Services you agree to these Terms and to the policies they refer to, including our Privacy Policy, the Maker Agreement accepted when a store is opened, and our policies on prohibited items, intellectual property, returns and buyer protection. If you do not agree, do not use the Services.

2. What This Way Mart is, and is not

This Way Mart is an online marketplace that connects people who make things ("Makers") with people who buy them ("Buyers"). Makers create, manufacture and ship the items they list. This Way Mart provides the storefront, search, checkout, payment processing, shipping labels, messaging, licensing programme and customer support.

This Way Mart is the merchant of record for payment purposes and collects payment from Buyers on behalf of Makers. This Way Mart does not manufacture, store, inspect or ship items, is not the maker of any item, and does not take title to items. Each sale is a contract between the Buyer and the Maker, facilitated by This Way Mart under these Terms.

3. Accounts and eligibility

• You must be at least 18 years old, or the age of majority where you live, to open an account. People aged 13 to 17 may use the Services only through an account owned and supervised by a parent or legal guardian. The Services are not intended for children under 13.
• You agree to give accurate, current information and to keep it up to date. One person may hold one personal account. A business may operate a store under its legal or registered trade name.
• You sign in with a one-time code sent to your email or phone. You are responsible for activity on your account and for keeping access to your email and phone secure. Tell us through Help & Support if you believe your account has been accessed without permission.
• Makers must complete identity and payout verification with our payment partner before receiving payouts.

4. Buying

• Prices and taxes. Prices are shown in your local currency before you pay. Shipping, applicable sales tax, VAT or duties are calculated and shown at checkout. Where the law requires, This Way Mart collects and remits sales tax as a marketplace facilitator.
• Made to order. Most items are made after you order. The listing shows the Maker's handling time; the estimated delivery date at checkout combines handling time and shipping. Custom items follow the quote you accepted.
• Payment. Payment is taken when you place an order. This Way Mart holds the funds until the item is delivered and the return window has closed.
• Cancellations. You may cancel a ready-made order until the Maker marks it as being made. Custom orders cannot be cancelled once work has started, except as described in section 5.
• Talking to Makers. Questions about an item go to the Maker through Messages. Keep conversations and payments on This Way Mart; purchases made outside This Way Mart are not covered by buyer protection.

5. Returns, refunds and buyer protection

• All sales are final, except that you may report a problem within 14 days of delivery if an item arrives damaged, defective, wrong or materially not as described. You and the Maker should first try to resolve it in your order messages. Either of you may then ask This Way Mart to decide. While a dispute is open, the Maker’s payment for that order is held until it is resolved. This Way Mart may review, limit or pause accounts that make an unusual number of problem reports or refund requests.
• Custom and Dream it items are made to your specification. Once you approve the Maker's photo, they are final sale, unless they arrive damaged, defective or materially different from what you approved.
• Buyer protection. If an item is not shipped by the promised date, never arrives, or arrives damaged or not as described, you are entitled to a full refund, including shipping, or a replacement, at your choice. Report a problem from the order page within 14 days of delivery, or within 30 days of the estimated delivery date if it never arrived.
• Refunds go back to the original payment method. Nothing in these Terms limits rights you have under consumer protection law where you live.

6. Selling

Makers agree to the Maker Agreement when they open a store. In summary:

• What may be sold. Items you made or designed, or items made by your business. Every listing must accurately describe the item, its size, materials, finish and handling time, and must use your own photos.
• Fulfilment. You make each item after it is ordered and ship it with tracking within the handling time. If you cannot fulfil an order, cancel it promptly; This Way Mart refunds the Buyer.
• Fees. Opening a store and listing are free. For each sale, This Way Mart charges a transaction fee of 10% of the item price, card processing of 3.4% + 40¢, and any licence fee shown on the listing before it was published. Shipping labels bought through This Way Mart are deducted from the payout. Fees are shown before you publish and on every order. We will give at least 30 days' notice by email before changing fees.
• Payouts. Payouts are made through our payment partner to the bank account you verified, on the first Friday after an order's 14-day return window closes. This Way Mart may hold payouts that are subject to a dispute, chargeback, suspected fraud or a breach of these Terms, and may deduct refunds, chargebacks and fees owed from future payouts.
• Taxes. You are responsible for income taxes and any other taxes on your sales. Our payment partner issues tax forms where required by law.
• Product safety. As the manufacturer, you are responsible for your items being safe for their intended use, compliant with applicable law, and carrying the required warnings (including small parts, magnets, batteries and age grading).
• Buyer information. Buyer names and addresses are shared with you only to fulfil the order. You may not use them for any other purpose, including marketing, or contact Buyers off This Way Mart.

7. Intellectual property and licensing

• Your designs. Makers keep all rights to their original designs, photos and listing content. By posting content, you give This Way Mart a worldwide, non-exclusive, royalty-free licence to host, display, reproduce, adapt for display and distribute it in order to operate, promote and improve the Services, including in marketing and on third-party channels. This licence ends when you remove the content, except for content already used in marketing or shared by others.
• Licensed catalogue. This Way Mart enters into licence agreements with rights holders and publishes the list of licensed properties ("Licensed Catalogue"). When a listing is based on a property in the Licensed Catalogue, the licence fee shown on the listing is paid to the rights holder as royalties.
• Other properties. A listing based on a film, show, game, comic, team, character, brand or vehicle maker that is not in the Licensed Catalogue may be listed without a licence fee, provided it is tagged with that property. The maker is responsible for having the right to sell it. This Way Mart does not allow listings based on properties whose owners have told us they do not permit 3D printed products, and shows this when the listing is created.
• Our right to act. This Way Mart may check, edit the tagging of, hide or remove any listing at any time, including when a rights holder asks us to, and will tell the maker why.
• Honest tagging. Tagging an item as your own design when it is based on a third party's property, in order to avoid a licence fee or a rights holder's notice, is a material breach. This Way Mart may remove the listing, close the store, and withhold pending payouts to cover licence fees, damages and claims.
• Reporting infringement. Rights holders who believe a listing infringes their rights can submit a notice through our Intellectual Property reporting form in Help & Support. We respond to notices that meet the requirements of the U.S. Digital Millennium Copyright Act and equivalent laws, and we terminate the accounts of repeat infringers in appropriate circumstances.
• This Way Mart's marks. This Way Mart, JaDrop, Dream it and our logos are trademarks of This Way Mart. You may not use them without our written permission, except to accurately refer to your store on This Way Mart.

8. Drops

A drop is a numbered, limited edition offered for a set period. The edition size is fixed when the drop is published and cannot be increased. Numbers are assigned in the order payments are completed. Items in a drop are made to order and shipped within the stated handling time. A Maker who runs a drop agrees not to offer the same edition again, on This Way Mart or elsewhere. Reserving an item in your cart does not guarantee it until payment is completed.

9. Dream it and custom requests

Concept images generated in Dream it are illustrations to help describe a request. They are not a promise that a Maker can produce exactly that item, and they may not be used to request items based on third-party properties outside the Licensed Catalogue. A custom order is formed when you accept a Maker's quote and pay.

Reference pictures. When you add a picture to a request, by upload or by pasting a link, you confirm that it is yours, shows your own idea, or that you have the right to share it, and that you are not asking a Maker to copy another seller's product. Every picture is shown to Makers marked "For reference only" as a guide for an original piece. We fetch linked pictures ourselves, keep our own copy, never show Makers the link, and do not fetch from other marketplaces or 3D model sites. Anyone who believes a picture uses their work without permission can report it or send a notice under section 7, and we will remove it.

10. Acceptable use

You agree not to:

• list or request weapons, weapon parts or accessories, items that are illegal, recalled or unsafe for their intended use, or other items in our prohibited items policy;
• infringe anyone's intellectual property, privacy or publicity rights;
• take, or attempt to take, a transaction or a Buyer off This Way Mart;
• post false, misleading or manipulated reviews, listings or ratings;
• harass, threaten or discriminate against anyone;
• scrape, crawl or copy the Services or their content by automated means, interfere with their operation, or bypass security or access controls;
• use the Services for fraud, money laundering or any unlawful purpose.

11. Automated assistance

Parts of the Services use automated systems, including AI, to answer support questions, suggest listing details, generate concept images and help review listings. Automated answers are based on our help content and your account information and may occasionally be wrong. You can ask to have any support conversation handled by our support team.

12. Suspension and termination

You may close your account at any time from your account settings, after completing open orders. This Way Mart may limit, suspend or terminate your access, remove content, or hold funds if we reasonably believe you have breached these Terms, created risk or possible legal exposure for This Way Mart or others, or as required by law. Where appropriate we will tell you why and give you a way to appeal. Sections that by their nature should survive termination, including fees owed, intellectual property, disclaimers, limitation of liability, indemnity and dispute resolution, survive.

13. Disclaimers

The Services are provided "as is" and "as available". To the fullest extent permitted by law, This Way Mart disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. This Way Mart does not warrant the quality, safety or legality of items listed by Makers, the truth of listings, or the ability of Makers to complete a sale. Your rights under buyer protection in section 5 are not affected.

14. Limitation of liability

To the fullest extent permitted by law, This Way Mart will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. This Way Mart's total liability for any claim arising from these Terms or the Services is limited to the greater of (a) the amount you paid This Way Mart in the 12 months before the claim, or (b) one hundred U.S. dollars (US$100). Some jurisdictions do not allow these limitations, so they may not apply to you.

15. Indemnity

You agree to defend, indemnify and hold harmless This Way Mart and its officers, employees and agents from claims, losses and expenses, including reasonable legal fees, arising from your content, your items, your breach of these Terms or your violation of any law or the rights of a third party.

16. Disputes between users

If you have a problem with an order, start in Help & Support. This Way Mart will review the order, messages and tracking and decide refunds and replacements under section 5. This Way Mart has no obligation to resolve other disputes between users, and to the extent permitted by law you release This Way Mart from claims arising from them.

17. Arbitration and class action waiver

If you live in the United States, you and This Way Mart agree that any dispute arising from these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek an injunction in court for infringement of intellectual property. Before starting arbitration, you agree to try to resolve the dispute informally through Help & Support for 60 days. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class or representative action. You may opt out of this section within 30 days of first accepting these Terms by sending a written notice through Help & Support stating that you opt out of arbitration.

18. Governing law

These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict of law rules. Any claim not subject to arbitration will be brought in the state or federal courts located in Tarrant County, Texas. If you live outside the United States, you also keep the protection of the mandatory consumer laws of the country where you live, and may bring claims in your local courts where those laws allow.

19. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new date and, for material changes, notify you by email or in the Services at least 30 days before they take effect. If you keep using the Services after changes take effect, you accept them. If you do not agree, you may close your account.

20. General

These Terms, with the policies they refer to, are the entire agreement between you and This Way Mart about the Services. If any provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; This Way Mart may assign them in connection with a merger, acquisition or sale of assets. Notices to you will be sent to the email on your account.

21. Questions

Questions about these Terms can be sent through Help & Support.