Seller Terms and Conditions

Marketplace Seller Agreement

 Totally Local is a marketplace for food, beverage, household and pantry items where all products sold are made in New Zealand.

In order to sell items in The Marketplace on totallylocal.nz (the “Site”), you must agree to the marketplace seller agreement outlined below, which includes our privacy policy and any other terms and conditions on the Site. By listing an item for sale or purchasing an item on the Site, you agree to be bound by all terms and conditions of this marketplace agreement.

The Site is operated by Totally Local Ltd., which reserves the right to make changes to this marketplace seller agreement at any time. Changes to this marketplace seller agreement are effective when the changes are posted to the Site. Continuing to sell items in our marketplace will constitute your agreement to the new marketplace seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our marketplace. Changes to the marketplace seller agreement may occur without notice to you.

 

THE MARKETPLACE

Totally Local provides an online platform that allows third party sellers to sell their products to buyers. Totally Local does not act as the agent for either buyers or sellers. The Site enables these transactions to take place. 

 

 ACCOUNT SET-UP

 Any use of the Site through your Account will be deemed as being used by you. Totally Local is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.

 

 ELIGIBILITY REQUIREMENTS

 Listing items for sale in the Totally Local Marketplace is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on our marketplace. To list items for sale you must supply your name, address, phone number, email address, bank account or Stripe account information for payment and agree to the marketplace agreement.

 Please note that the bank account or Stripe account you have identified must be valid in order for you to be paid for your sales. If for any reason it is invalid at the time we try to disburse funds to you, your disbursement will be delayed until you update the information.

 

 MARKETPLACE FEES

 For all items sold through its marketplace, Totally Local charges a 1.5% + 15c commission fee based on a percentage of the sale price of the items bought in each transaction to your store. This fee reflects a 50% share of the payment gateway processing fee charged by our online payment provider.  The other 50% of the fee is charged to the consumer as a processing fee. The fee is deducted from earnings you obtain from The Site.

 

 REQUIRED COMMUNICATION

 Totally Local requires you to provide timely support to the customers of our marketplace, please make sure that all communications are kept within our online messaging centre. All messages should ideally be replied to within 24hrs.

 

 SHIPPING EXPECTATIONS

 All orders should be shipped to customers within the timeframe agreed at the time the transaction occurs unless they are a pick-up order. Failure to provide shipment notification within 7 days may cause your transaction and any associated payment to be cancelled at our sole discretion. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order.  If the customer says the package did not arrive, the rectification of this matter is between Buyer and Seller.

 

 SELLER RESTRICTIONS

 Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given.

Totally Local determines which products to offer for sale in the marketplace. Products may be added or removed at any time without notice.

By listing an item in our marketplace you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are not allowed to drop ship or sell items they do not physically possess.

 

 PAYMENTS

 15 days after the end of the month a Completed Sale occurs Totally Local will transfer the net proceeds from the sale to your bank account. Refunds to buyers are deducted against the amounts to be transferred to your Account from sales.

If Totally Local reasonably concludes based on information available to us that seller’s actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you.

 

RETURN POLICY

 For all of your products you will accept and process returns, refunds and adjustments in accordance with this marketplace seller agreement and the Totally Local Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products.  

 

 TERMINATION

 The seller can terminate participation in our marketplace at any time. Totally Local reserves the right to terminate a user’s participation in the marketplace at any time for any reason at its sole discretion, with or without notice to user. Totally Local reserves the right to monitor user accounts to determine if policies or laws are being broken. Totally Local reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties.

WARRANTY

 The Totally Local marketplace is provided as is and without warranty. Totally Local makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guarantee our marketplace will always be available. Totally Local will not be liable for any loss due to our marketplace not being available. Totally Local will not be liable for any loss due to errors in our software or the software of others that we use.

 

RISK OF LOSS

 Totally Local will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party’s credit card information) occurring in connection with a payment transaction through our marketplace. The seller will bear all risk of loss that are related to orders not fulfilled strictly in accordance with the order information and shipping information that Totally Local provides you.

Totally Local reserves the right to seek reimbursement from the seller if we decide to reimburse the buyer due to the seller not fulfilling an order correctly or in a reasonable time. Totally Local may obtain reimbursement of any amounts owed by the seller to Totally Local by deducting from future payments owed to the seller, reversing any credits to the Account, or seeking such reimbursement from the seller by any other lawful means. 

 

INDEMNITY/LIMITATION OF LIABILITY

 You will defend, indemnify and hold harmless Totally Local and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable legal fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.

Totally Local will not be liable for any damaged of any kind, including without limitation direct, indirect, indirect, incidental, punitive and consequential damages, arising out of or in connection with this marketplace agreement, the site, the inability to use the site or the marketplace, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into via the site.

  

DISPUTES

 Because Totally Local is not directly involved with transactions between buyers and sellers, you agree to release Totally Local from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution.  At times, Totally Local Customer Service may step in to mediate disputes between Buyers and Sellers on our platform.  During mediation, Totally Local Customer Service may apply full or partial refunds to resolve disagreements, any and all refunds are at the discretion of the Customer Service Team. 

 

JURISDICTION

 Any claim against Totally Local in relation to our marketplace shall be adjudicated in a court in Auckland, New Zealand and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by New Zealand law, without regard to conflict of laws principles thereof.

 

CONTENT AGREEMENT

 By agreeing to the marketplace seller agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.

 

SEVERABILITY

 If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by Totally Local does not constitute a waiver of Totally Local’s right to enforce such section or any other section in the future.