Terms for Local Artisan Sellers
1.0 Becoming a Seller
The Local Artisan website is a marketplace for products made in New Zealand. Local Artisan reserves the right to accept or decline any request to become a Seller on the Local Artisan website and does not need to disclose a reason for doing so. Local Artisan reserves the right to remove any listed items or close a Sellers’ account at any time and does not need to disclose a reason for doing so. Local Artisan will always attempt to discuss any such event with the Seller first.
1.1 In trade
All Local Artisans Sellers are in trade and as such must comply with the New Zealand Consumer Guarantees Act and the Fair Trading Act.
1.2 Contact information
Sellers must provide a valid New Zealand address, email address and phone number to Local Artisan upon account registration.
Local Artisan requires that Sellers do not post their contact details, including website details, to their publicly listed product descriptions, for the purposes of concluding a sale off the Local Artisan platform. If Local Artisan becomes aware that this has occurred, it will take action against the Seller, which may include claiming any lost commission and terminating the Seller’s account.
In the event of any issues or disputes that may arise with a Sellers product that has been purchased through the Local Artisan website, Local Artisan will provide Seller contact details to any customer at any time and does not need to notify the Seller. For the avoidance of doubt the seller agrees to Local Artisan providing the Sellers’ contact details to a customer.
Local Artisan may provide a customer with the Sellers contact information in the event that a customer deems their purchased product to be in breach of the listing requirements set out in clauses 1.3 or 1.4.
Sellers must ensure that the product they are offering for sale conforms with all New Zealand laws and that the following rules are adhered to if they apply:
- that all food products comply with the Food Act and any regulations in force
- that products do not breach Copyright or Trade Mark legislation, or the intellectual property rights of any third party
- that all products comply with safety regulations in force in New Zealand Particular care needs to be taken for products sold as suitable for infants under three years old, as there are laws relating to (for example) choking hazards and flammability. However, it is the Seller’s responsibility to ensure all products comply with ALL New Zealand laws
Local Artisan is an open platform, and therefore is not responsible for enforcing that the above requirements are adhered to by those who use the platform.
1.4 We’re not an auctioneer
We are not an auctioneer under the Auctioneers Act 2013.
1.5 Listing requirements
By selling on Local Artisan and listing products on the website, you agree that you will:
- Own the right to create the Listing
- The Listing must not be misleading, which includes ensuring that no necessary information is left out
- It must be legal to sell the Item, and any Items must meet any relevant safety standards.
- Provide accurate information in your account information section.
- Accurately represent your items in listing descriptions and listing photos to the best of your ability.
- Respect the intellectual property of others.
- Clearly state the sale price in NZ dollars and including GST (if registered)
- Clearly set out any shipping prices and conditions in the product description
- Clearly outline an accurate description of the product without any misleading details or omissions
- Remove the listing when the product is not available
- Own the copyright for any photographs uploaded to the website
- The Seller cannot place any contact details for the Seller on the listing
- Grant the right for Local Artisan to use any details listed, and any material submitted in a listing for promotion of the website.
Items listed in inappropriate categories will be moved to a suitable category or removed at Local Artisan's discretion.
Your advertised prices must be in New Zealand dollars and include GST and you are responsible for your own taxes.
1.7 Set up process
In order to sell on the Local Artisan website, Sellers must create an account via the invitation link provided by Local Artisan (this account is provided by a third party SAAS called Marketcube.io). In order to receive funds, Sellers must connect their own Stripe account to this Local Artisan account.
1.8 Current information
Please make sure you supply correct current information to Local Artisan, including your personal details and correct payment details. It is your responsibility to update these details any time they change.
Local Artisan will not be responsible for any losses caused to you due to your failure to provide correct and updated personal information and payment details.
1.9 Commission payable
Local Artisan charges a 9% fee on the total order value. The 9% fee is inclusive of credit card fees deducted by Shopify Payments.
When an order is placed through the Local Artisan store, the full amount goes into our separate ANZ bank account set up for marketplace payments.
All amounts deposited in that separate account are held on trust for our Sellers, so that each Seller has the right to a proportion of the account balance equal to the face value of his or her Local Artisan account.
Local Artisan will send a direct transfer to the bank account of the Seller for the cost of the item sold, less the 9% fee.
Throughout the entire process you can track the status of all payments (amounts, due dates and associated payment statuses) through your Local Artisan account.
No charges are taken by Local Artisan other than our 9% commission.
As mentioned in clause 1.2, Local Artisan requires that Sellers do not post their contact details, including website details and links on the website to their product descriptions for the purposes of concluding a sale off the Local Artisan platform. If Local Artisan becomes aware that this has occurred, it will take action against the Seller, which may include claiming any lost commission and terminating the Seller’s account.
We do try to offer help and information where we can, but please keep in mind that Local Artisan is not a party in any transaction between you and the customer.
Because we care about our users’ privacy, if you’re taking a dispute with another site user to the Disputes Tribunal or other tribunal or committee, we’ll only release that user’s details if you sign a statutory declaration. We can provide you with a statutory declaration form if you need one.
2.1 Closing accounts
Local Artisan reserves the right to cancel any Seller’s account at any time, without specifying a reason, by sending a message to the Seller to the email address specified at registration.
A Seller may terminate their account at any time by notifying Local Artisan at the email address firstname.lastname@example.org. In any such event, Local Artisan will carry out the account closure and remove all information from the public website within 7 days of the request.
Upon termination or suspension of a Seller’s account, any funds owed to the Seller will be paid to Seller and upon completion of any outstanding sales.
2.2 Your intellectual property
By registering as a Seller on the site, you confirm that you either own or have permission to use all of the content that you post and upload when using our Services. For example: any photos, data, information, Listing descriptions and other content (“your content”).
You retain ownership of your content and nothing in these Terms is intended to claim ownership of your content or to restrict your ability to use your own content. To help us provide and improve our Service though, we need you to give us some permissions in relation to that content, which we set out below.
You give us a licence or right to use your content (also known as intellectual property) so we can improve, promote and provide our Service. This means that you will grant Local Artisan a non-exclusive, transferable, sublicensable, royalty-free, and worldwide licence, to use, store, display, reproduce, modify, distribute, create derivative works, and save your content in any manner and on any media or platform to promote, improve and provide our Services. This means, for example, that if you list an Item for sale, you give us permission to store, copy, use and share that Listing (including any photos). This licence continues even if you stop using our Service. You confirm that you have the right to grant this licence to us.
2.3 Our intellectual property
To enable you to use and enjoy our Service, we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Site and Services in accordance with our Terms. We retain all of our intellectual property rights, including our rights in the software and source code used, to provide the Site and Services. You may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Site, or commercialise or on-sell any information obtained from the Site or our Services, without our prior written consent.
2.4 Our role and responsibility
Local Artisan is a marketplace platform. When you buy or sell a product the contract is strictly between the buyer and seller.
In providing the Local Artisan platform, we do not own any Items listed on our Site and do not act as an agent for either Seller or Buyer party.
2.5 Our liability to you is limited
To the maximum extent permitted by law, you assume full responsibility for any loss or damage that results from your use of the Site and Services. We won’t be liable to you or any other person in connection with the Services, this Site, your use of the Services or Site, or another Member’s acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise. We won’t be liable for anything that is outside of our reasonable control. We won’t be liable for any loss or damage, whether direct or indirect. All transactions and other contact between you and other site users is entirely at your risk.
Local Artisan will not be liable for:
- the safety, quality, fitness for purpose, compliance with description or lawfulness of the product supplied by the seller
- any guarantees or assurances that a Seller has made regarding any implied warranties
- the event in which the seller does not provide the product
- the event in which the buyer does not pay for the product
- ensuring the safety of any product
- loss of profits, loss of business or anticipated savings, general or special damages, or consequential or incidental loss.
- Plus it means that we give no guarantee or warranty:
- that any Item or Member Service listed on our Site will meet your requirements or expectations;
- that any information posted on our Site, including feedback, is error-free or reliable.
2.6 Our rights if our terms are breached
Without limiting any other rights and remedies available to Local Artisan, we may limit your activities on the Site, remove your listings or other content, warn other users of your actions, issue a warning to you, suspend or terminate your account, or refuse to provide our Services to you (and your affiliates), if you breach our Terms, or where we consider it appropriate.
If we don’t immediately take action on a breach of these Terms, that doesn’t mean we’re giving up any rights to do so and we can take action later.
2.7 You agree to hold us harmless in the event you cause us loss
You agree to indemnify us and hold us harmless against any claim made by yourself or any third party that is in any way related to: (a) your access to or use of our Service; (b) your failure to complete a transaction; (c) your sale or attempted sale of a prohibited Item prohibited (d) your breach of these Terms; or (e) any content or Item that you submit, post, transmit or make available through our Services. Your indemnity under this clause covers all losses, damages or expenses (including legal costs) that we may suffer or incur.
Local Artisan will only collect personal data for the purposes of administering the website. Your personal details are not made available to any third parties for purposes other than administration of the Local Artisan website.
Personal information may only be made available to third parties if it is required to fulfil services relating to administering the Local Artisan website. We require any third party to undertake strict precautions to protect your information against unauthorised use or disclosure.
Under the Privacy Act 1993 you have rights of access to and correction of personal information that we hold. Local Artisan will respond to any privacy request within a reasonable time.