Legal

Terms, Privacy & Maker Agreement

These documents are drafts under review. Last updated: March 2026.

Terms of Service

1. The Platform

Form & Element is a curated online marketplace connecting buyers with independent makers of handmade objects. We are not a manufacturer, distributor, or retailer. Each product listed on the Site is made by an independent maker (“Maker”) who is solely responsible for the creation, quality, and fulfillment of their products.

2. Accounts

You may browse the Site without creating an account. To make a purchase, you will provide your name, email address, and shipping address at checkout. You agree to provide accurate, complete, and current information.

3. Purchases and Payment

All prices are listed in US Dollars. Payment is processed securely through Stripe. We do not store, access, or handle your credit card information — all payment data is processed directly by Stripe in accordance with PCI-DSS security standards. When you place an order, you are entering into a purchase agreement directly with the Maker. Form & Element facilitates this transaction but is not a party to the sale.

4. Products

Products on Form & Element are handmade by independent Makers. Because these objects are made by hand, slight variations in color, texture, dimension, and finish are normal and expected. These variations are a feature of handmade work, not a defect. Products marked “Made to Order” are produced after your order is placed. Products marked “Ready to Ship” are available for immediate fulfillment.

5. Shipping

Shipping is handled directly by each Maker. Form & Element is not responsible for shipping delays, lost packages, or damage during transit, though we will work with the Maker to resolve any issues. Currently, we offer shipping within the United States only.

6. Returns and Refunds

Ready to Ship items may be returned within 14 days of delivery if the item arrives damaged or is materially different from its description. Made to Order items are generally non-refundable unless they arrive damaged or are materially different from their description. If your item arrives damaged, contact us within 7 days of delivery with photographs. Refunds are processed through Stripe to the original payment method within 5–10 business days.

7. Intellectual Property

All content on the Site — including text, photographs, design, and editorial content — is owned by Form & Element or licensed from our Makers and is protected by copyright and intellectual property laws.

8. Limitation of Liability

Form & Element acts as a marketplace facilitator. To the fullest extent permitted by law, Form & Element shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or purchase of any product.

9. Governing Law

These Terms are governed by the laws of the State of California. Any disputes shall be resolved in the courts of San Diego County, California.

10. Contact

Questions about these Terms? Contact us at hello@formandelement.com.

Privacy Policy

1. Information We Collect

When you make a purchase, we collect your name, email address, shipping address, and phone number (if provided). We do NOT collect or store credit card numbers or payment details — these are processed exclusively by Stripe. When you sign up for our newsletter, we collect your email address only. When you apply as a Maker, we collect your name, email, website, Instagram handle, location, and craft details.

2. How We Use Your Information

We use your information to process and fulfill orders, send order confirmations and shipping updates, respond to your questions, send our newsletter (if you opted in), and improve the Site. We do not sell, rent, or trade your personal information to third parties for marketing purposes.

3. Third-Party Services

We use Stripe for payment processing, Supabase for database hosting, and Vercel for website hosting. All traffic is served over HTTPS. Your payment information is handled exclusively by Stripe and never touches our servers.

4. Data Shared with Makers

When you purchase a product, we share your name, shipping address, and email with the Maker for order fulfillment only. Makers are prohibited from using this information for marketing or sharing it with third parties.

5. Your Rights

You may request access to, correction of, or deletion of your personal information at any time by emailing hello@formandelement.com. California residents have additional rights under the CCPA.

6. Cookies

We use only essential cookies required for the Site to function. We do not use advertising or tracking cookies.

7. Security

We use HTTPS encryption, secure database hosting with encryption at rest, and secure payment processing through Stripe.

8. Contact

Questions? Contact us at hello@formandelement.com.

Maker Agreement

1. Acceptance and Curation

Form & Element is invitation-only. Acceptance is at our sole discretion based on craft quality, material honesty, and design integrity. We reserve the right to decline or remove any Maker or product at any time.

2. Commission and Fees

Form & Element charges 12% commission plus 3% payment processing (Stripe). No listing fees, monthly subscriptions, or hidden costs. Commission is deducted automatically at the time of sale through Stripe Connect.

3. Pricing

You set your own prices. Form & Element does not run sales or offer discount codes. We will never change your prices without your consent.

4. Products and Quality

All products must be handmade by you. Mass-produced items, resold goods, or items made primarily by machines are not permitted.

5. Fulfillment and Shipping

You are responsible for fulfilling all orders. Ready to Ship items must ship within 5 business days. Made to Order items must be fulfilled within the stated lead time. You are responsible for secure, professional packaging.

6. Buyer Information

Buyer data shared with you (name, shipping address, email) is for order fulfillment only. You may not add buyers to marketing lists or share their information with third parties.

7. Content and Editorial

Form & Element creates editorial content for your profile. You review and approve all content before publication. Form & Element retains the right to display approved content on the Site and in marketing materials.

8. Intellectual Property

You retain ownership of your product designs and original images. You grant Form & Element a non-exclusive, royalty-free license to use your images, name, and likeness on the Site. Editorial content created by Form & Element is owned by Form & Element but may be used by you with attribution.

9. Termination

Either party may terminate with 30 days written notice. Pending orders must still be fulfilled. Form & Element may terminate immediately for violations or quality concerns.

10. Governing Law

This Agreement is governed by the laws of the State of California.

11. Contact

Questions? Contact us at hello@formandelement.com.