- The following terms set out the relationship between Selz.com Pty Ltd (ABN 29 163 769 837) (“Selz”,”us”,”we”,”our”) and you (“you”,”your”).
- We provide buyers and sellers (referred to as, respectively, “buyers” and “sellers” and, together, “users”) with an e-commerce platform (the “site”,“service”) that enables the sale and purchase of items via a link. These terms are legally binding and apply whenever you use the site. By accessing and/or using our site or services you agree to be bound by these terms.
- By accessing and using our site and services you agree to the terms and conditions.
- You are not permitted to use the site or services if you are under the age of 18. By using our site or services, you warrant that you are over 18 years of age and that you understand that if you transact using our site or services that you are entering into a legally binding contract with another user.
- Selz also makes available to sellers optional add-on software plans “Plans” and applications “Apps”. By installing “Plans” and “Apps” provided by Selz you agree to these terms.
- If you do not agree to these terms, you may not access this site or use the services.
- These may change from time to time. Updated terms will be posted on this site. Before using our site or services on any occasion you should always check whether these terms have changed. If you use our site or services, it is the latest version of these terms which is legally binding on you.
- Our site and services create a venue and a system that assists users to sell, and buyers to buy, products and services. You do not buy from, or sell to, us. We do not fulfil sales from sellers to purchasers. We cannot ensure that a buyer or seller will complete a transaction.
When using our site or services, you agree that you will not:
- Violate any laws, any third party rights (including copyright or other intellectual property rights), or our policies.
- Use our site or services if you are under the age of 18, if you are not otherwise able to enter legally binding contracts, or if you are suspended from using our site or services.
- Fail to pay for products or services purchased by you.
- Fail to deliver items or services purchased from you.
- Fail to deliver products or services purchased from you.
- Post any harmful, inappropriate, illegal, defamatory, commercial-in-confidence, infringing or explicit material (and you agree that the decision as the whether any material falls within these categories will be made by us, acting reasonably).
- Be disrespectful to other users (and you agree that the decision as the whether any behaviour falls within this category will be made by us, acting reasonably).
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, viruses, pyramid schemes, or anything that may, in our reasonable opinion, harm, annoy or inconvenience Selz or its users.
- Use scripts, bots or other automated technology to access or scrape content from our site or service.
- We are not responsible for any other websites that are linked through to our site or services. We do not endorse any content on those sites.
- You agree that we can contact you from time to time, by email or otherwise, in relation to the operation of our site or services.
- We reserve the right to display advertising or other content on any part of our site or services.
- We do not claim any ownership rights to any items, files, or content such as images, text, video files or audio files made available for, or incidental to, any sale via our site or services. By publishing an item for, or incidental to, any sale you do provide us with a world-wide, royalty free, non exclusive license to reproduce or edit that content for the purposes of promoting and using our site and services.
- If you delete content, we will make reasonable efforts to remove it from our site and services, but you acknowledge that caching or references to the content may mean that the content continues to be visible.
- You agree that if you dispute a transaction you entered into with another user, you will contact the other user directly to resolve the dispute. You agree that we do not have any obligations to resolve the dispute between you and the other user regarding the transaction. We may choose to become involved in at our discretion, but we have no obligation to do so.
- You cannot conduct the types of businesses or sell the types of products or services on Selz which are shown on our Prohibited Businesses and Activities list.
- All sales via our site or services are deemed to occur in Australia and you, when you act as a seller, agree that that sale is governed exclusively by the laws of New South Wales, Australia.
- When selling, you must comply with all applicable laws, regulations, standards, and codes of conduct, which apply to your sale. You are solely responsible for ensuring that you understand your obligations in this regard, and that you comply with those obligations. This includes, but is not limited to, your obligation not to sell illegal or infringing products.
- When selling, you are responsible for all applicable taxes that arise from your sale, including issuing a tax invoice if applicable.
- We are not a marketplace, the contract of sale is direct between you and the buyer. It is your responsibility to ensure that goods and services are delivered / provided to the buyer at the agreed sale price.
- When making digital sales to buyers within the EU we provide you the tools to estimate and help report your EU VAT liabilities for digital sales. It is your responsibility to report your EU VAT liabilities for digital sales direct to the appropriate tax authority.
- When selling, you will not provide inaccurate, false or misleading information to Selz or to prospective buyers and you must promptly notify us if any previously supplied information becomes inaccurate, false or misleading. You must also notify prospective buyers, including by changing your sale information.
- When selling, you may not collect data from users or otherwise use any data that is obtained from our site or services unless you have our written permission.
- When selling, you agree not to offer for sale, sell, or post content which promotes tobacco products, illegal drugs, prescription medication, hazardous or restricted items, offensive material, counterfeit items, personal information in any form, police badges or uniforms, stolen property, shares, securities or other financial products, blood, bodily fluids or body parts, weapons, explosives, ammunition, obscene material, pornography, banned adult products, gambling/betting products or services, prepaid cards or vouchers, or copyrighted / branded goods that you do not own or have all the necessary rights to offer for sale or promote, Web hosting and SEO services, Technical support services, Visa and/or immigration services. You agree that the decision as the whether any product falls within any of these categories will be made by us, acting reasonably.
- When selling, you may only offer allowed adult orientated products and services, or regulated products and services, such as alcohol via our site or services if you comply with all applicable laws, regulations and industry codes, including, but not limited to, restricting the content to age verified users, and ensuring the products and services are not procured by persons under the legal age for purchase.
- You must not download software or other code on to a user’s system without the consent of the user.
- When selling you must make clear to prospective buyers the period for which the item or service is available, as well as any terms and conditions that apply to the item or service, or any limitations or restrictions that apply.
- All purchases via our site or services are deemed to occur in Australia and you, when you act as a buyer, agree that your purchase is governed exclusively by the laws of New South Wales, Australia.
Selling on Selz
- For transactions via our site or services, we will enable purchasers to pay for sellers’ items or services using credit cards (currently Mastercard and Visa and American Express) via secure gateways provided by our bank partners and via payments systems like PayPal and Stripe.
- Selz Pay payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a seller on Selz, you agree to be bound by the Stripe Services Agreement, and accept that they may be modified by Stripe from time to time. As a condition of Selz enabling payment processing services through Stripe, you agree to provide Selz accurate and complete information about you and your business, and you authorize Selz to share it and transaction information related to your use of the payment processing services provided by Stripe.
- Payment processing services provided by PayPal are subject to the PayPal Acceptable Use Policy. By agreeing to these terms or continuing to operate as a seller on Selz, you agree to be bound by the PayPal Acceptable Use Policy, and accept that they may be modified by PayPal from time to time. As a condition of Selz enabling payment processing services through PayPal, you agree to provide Selz accurate and complete information about you and your business, and you authorize Selz to share it and transaction information related to your use of the payment processing services provided by PayPal.
If you wish to apply for an account to transact with other users via our site or services, you agree to
- Complete all forms we may request accurately and honestly.
- Allow us to undertake identity, credit and any other checks we consider necessary to verify your identity and creditworthiness.
- Grant us sole discretion as to whether we will allow you to transact with other users and to impose limits on weekly transaction values.
- Take down and cease promotion and sale of any item or service if reasonably requested by us.
- Pay all fees associated with using our site and services.
- You warrant that the funds received from any one person or third party using this site will not exceed $1,000 and will not be less than $1.00.
- We hold funds received in relation to transactions entered into via our site or services in a bank account determined by us until required to be disbursed to you in accordance with these terms.
- In return for providing services that allow you to enter into transactions with other users via our site or services, we will charge you the seller, in respect of each transaction, services fees as outlined on our pricing page.
We may retain the following amounts from the value of transaction:
- Service fees per transaction as outlined on our pricing page.
We may charge you the following additional fees:
- $30 if we are required to investigate a dispute and process a refund.
- $35 is we are charged a chargeback fee from our payment gateway provider.
- $50 if you have a deficit fund balance and you fail to pay our invoice within 7 days of receiving the invoice from us.
- We will deduct the applicable service fee and charges from the funds received in relation to each transaction. Amounts received on your behalf from Stripe, after deducting any amounts due to us, will be remitted to your bank account in accordance with your transfer schedule. Amounts received on your behalf from PayPal, after deducting any amounts due to us, will be remitted directly to your PayPal account.
- We may accrue and withhold any funds to be remitted to you until the total amount to be remitted to you is greater than $1.
- Each time we disburse an amount to your account, we will disburse the net amounts of your monies, after deduction of service charges, fees and any other amounts we are entitled to deduct under these terms. We, if applicable, issue you a tax invoice in respect of the amounts deducted by us from your monies disbursed.
- We retain the right to change our fees and charges from time to time. We will make reasonable steps to inform users prior to any changes.
- You acknowledge and agree that when we receive funds via our site or services we are acting merely as a convenient payment conduit for you. We are not your agent, and we are not required to enforce the payment of any funds via our site or services on your behalf.
- A transaction may be reversed or charged back to you account if it is disputed by the buyer, the financial institutions involved in the transaction, deemed to be fraudulent, deemed to violate this agreement, or if we believe the transaction has not been completed in good faith. Our determination in this regard will be binding on you.
- For any transaction that results in a reversal or charge back, we may withhold the transaction amount from your account, or withdraw the transaction amount from your account.
- We reserve the right to delay or withhold disbursement to your account, suspend your account, or to increase our processing fees if we deem your account to have been involved in, or in the future to liable to be involved in, an unreasonable or unusual number of reversals or charge backs, of if we deem your account to have been used in a way which contravenes these terms. our determination in this regard will be binding on you.
- We reserve the right to remove or rename a URL assigned to a Selz 'store' that is deemed to be inappropriate or not applicable.
- If we or our payment processor(s) determine your account is incurring excessive chargebacks this may result in additional fees, penalties and fines. Excessive chargebacks may also include but is not limited to delayed payments, account restrictions or the termination of your Selz account.
- According to United States Internal Revenue Code, payment settlement entities are required to file an information return (e.g. 1099-K form) with the IRS, reporting all payment card transactions for United States based merchants occurring in that calendar year. United States based merchants acknowledge that we may at our sole discretion, report to the United States Internal Revenue Service the total amount of the payments you receive each calendar year as required by law.
- You agree that we can provide disclosures and notices regarding our services (including tax forms such as 1099-K) to you by posting such disclosures and notices on your Selz account dashboard, emailing them to the email address listed in your Selz account, mailing them to the address listed in your Selz account, or posting them to our website. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices will be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
Refunds and disputes
- When selling, you may offer refunds to other users who buy via our site or services, you will be liable to pay all cancellation and refund charges in accordance with these terms.
- All refunds are initiated by you and require Selz approval before processing, we reserve the right to reject a refund that has been submitted.
- If a buyer notifies us of a dispute and provides us with sufficient documentation to allow us, acting reasonably, to determine that the buyer’s complaint is valid, we may refund the value of the transaction to the buyer and to recover the funds from the seller.
At our sole discretion we may refund the value of a transaction to a buyer if:
- The seller is in liquidation, administration, receivership or ceases to carry out business before the seller fulfils the transaction.
- The seller has failed to provide the items or services sold or agreed an alternative with the buyer.
- The items or services supplied are not as per the items or services advertised.
- On refund approval funds are returned back to the Buyer to the value of the original order value in the order currency and to the payment method used to make the purchase.
- On refund approval the total transaction value including our service fees are deducted from your Selz balance.
- At our sole discretion we may offset any amounts payable to you against any amounts payable by you under these terms. If after offsetting all our charges and refunds your account with us is in deficit, we will notify you and then wait 5 days. If after that time your Selz account does not have sufficient funds with which we can offset the deficit, we can suspend you from our site and services. We will issue you with a statement for the deficit balance you must pay us, the amount will be regarded as a debt, and you have 7 days from the date of the statement to pay us.
- You are not permitted to have a refund rate greater than 75% of your total orders. If you exceed a refund rate greater than 75% at our sole discretion we can reject further refunds.
- If your account balance does not have sufficient funds at our sole discretion we can reject further refunds until a positive Selz account balance is available.
Purchase of Plans & Applications
- In order to purchase a Plan or App, you must provide the appropriate payment details as requested by Selz (collectively the “Credit Card Information”). Plans and Apps may not be available for use until full payment has been made. By providing Selz with Credit Card Information, you (i) are authorized to use the Credit Card Information and that it is true and accurate; (ii) authorize Selz to charge the you for the applicable Apps; and (iii) authorize Selz to charge you for any paid feature of the applicable App that you choose to sign up for or use. You agree to provide Selz with updated Credit Card Information upon Selz request and any time the information earlier provided is no longer valid.
- As from time to time notified in relation to each specific Plan or App , Selz may charge you (a) one single payment at the time of or shortly after the purchase; (c) based on usage a recurring basis (subscription) monthly or annually in advance or arrears; (b) s of Plan or App, or (d) based on certain results relating to Plan or App (performance-based). Regards recurring subscriptions, by authorizing Selz to charge a credit card for the fees associated with your subscription, you are authorizing Selz to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Selz or the Payment Platform of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorizes Selz to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. Selz will notify you in advance of any change in the amount to be charged for recurring subscription Plans and Apps.
- You may withdraw your purchase of a specific App or Plan without giving any reason thereto provided that such withdrawal is made before the completion of the installation of such App or Plan. You waive, to the extent permitted by applicable mandatory consumer protection law, any and all rights to withdraw from any purchase. Once the installation is completed, your purchase shall be deemed final. App and Plan purchases are non-refundable.
- By purchasing Plans and Apps, you accept that its Credit Card Information is stored with Selz and/or its Payment Platform for the purpose of processing and completing the payment of the Plan and App.
- Selz may, e.g. as part of a marketing campaign or similar, provide a Plan or App free of charge to certain users, e.g. on a trial basis. Specific terms of such offers shall be deemed included in these Terms of Service.
- Once you commence a free trial period the trial expiry date is set from the date of Plan or App installation e.g. 30 days after installation. You can only utilise the offered trial period once.
- On completion of the trial period stored payment details will be used to make further payments in line with the Plan or App subscription schedule and will continue until the Plan or App subscription is Cancelled.
- If a Plan or App is cancelled or downgraded changes are made with immediate effect. Any pro rata credit is applied to future Plan or App subscription invoices until the value of the credit has been used.
Suspending and terminating your account
We may suspend or terminate your account and use of our site and services if:
- You breach these terms.
- You engage in any activity that breaches any law.
- We consider it necessary for any reason to protect us or our users.
- We consider you to be disrupting or interrupting the site in any way, using multiple accounts, using proxy IP addresses, or in our opinion represent a fraud risk.
- If you account is terminated, we may elect at our discretion to permanently delete all your content and it will not be able to be recovered or accessed again.
Liability and indemnity
- We do not warrant that our site or services are error, virus or fault free. Due to the nature of the internet, outages may occur and we may need to restrict or suspend access to this site or our services from time to time. We do not warrant that our site or services will always be available or that they will operate in an uninterrupted manner. We cannot guarantee the accuracy of information provided on this site and we do not warrant that information will be transmitted in a reliable, timely or accurate manner.
- Except for certain consumer protection guarantees that cannot be excluded, we (including our related bodies corporate) do not make any warranties or guarantees with respect to your use of this site or our services. Other than claims available to you under consumer protection laws or as otherwise set out in our agreement with you, we (including our related bodies corporate) are not responsible or liable for any transactions you enter into via this site.
- Except for claims available to you under consumer protection laws and to the extent we are able to under law, we (including our related bodies corporate) exclude all liability to you (including for negligence) in relation to our agreement with you and your use of this site, for any loss or damage including, but not limited to loss of profits, loss or corruption of data, loss of reputation, business or opportunity or for any type of special, direct, indirect, incidental or consequential loss or damage which you or a third party may incur.
- To the extent we can under consumer protection laws and other laws, our (including our related bodies corporate) liability to you is limited to: (a) in the case of goods, the repairing or replacement, or the cost of repair or replacement, of the goods; and (b) in the case of services, the resupplying of the services or equivalent services or the cost of resupply of the services.
- To the extent we or our related bodies corporate are liable to any third party in relation to the use of, or a transaction made via, this site whatsoever, we limit our (including our related bodies corporate) liability to $1,000.
- You indemnify us and our related bodies corporate against any claims, loss, liability or damage (including legal costs) we or our related bodies corporate may incur as a result of your use of this site or our services (including but not limited to transactions made, or attempted to be made, via this site or our services), your content being on this site or our services, your breach of your agreement with us, and from any claims from third parties (including but not limited to your customers).
- You hereby waive any claim against us, and release us from any liability, in relation to any transaction you enter into with any buyer or seller using our site or services. You agree that such transactions are contracts between you and the buyer or seller, as the case may be, and they we are not a party to, or agent of any party to, those contracts.
- Any failure by us to enforce any terms set out in our agreement with you is not a waiver of our rights to enforce those terms.
- If a term of our agreement with you is unenforceable or void, that term can be severed and the rest of the agreement with you will continue to apply.
- Our agreement with you does not create a partnership, agency, employment or other relationship between you and us.
- If you need to contact us for any reason you can contact us at [email protected].