Seller Terms & Conditions

VENDOR/ SELLER TERMS AND CONDITIONS:

Vendor Conditions Of Use

Please note that these Terms apply to your use of our Marketplace and are therefore legally binding between you and Kingston Collective. Please take the time to read and understand the Terms before joining our community of local small businesses.

Using our Marketplace constitutes an agreement by you that you accept and agree to abide and be bound by the Terms.

1 Introduction and contract formation

1.1 Kingston Collective provides an online multivendor marketplace website. Seller has or intends to establish a Store on this platform.

1.2 The relationship between Seller and Kingston Collective is one of principal and seller. When a Customer purchases a product from the Website, the contract for sale is formed between the Customer and Seller. The product is shipped by Seller directly to the Customer and does not come into the ownership or possession of Kingston Collective at any time. Kingston Collective provides various marketing and advertising opportunities to promote the sale of Seller’s products.

1.3 By setting up a Store or using the Website as a marketing platform, Seller agrees to be bound by these terms and conditions.

1.4 Kingston Collective may amend these terms and conditions and the applicable Commission rate from time to time and will notify Seller of any such amendments. By continuing to use the Website as a marketing platform after receiving such notification, Seller will be deemed to have agreed to be bound by such amendments.

2. Definitions

“Account” means an account registered by you on the Marketplace.

“ACL” means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Business” means your business, through which you sell the Products.

Kingston Collective (also referred to herein as “we”, “us” or “our”) means Kingston Collective, trading under T & N Wilson Family Trust (ABN 27 215 906 413).

“Content” means written, visual and audio content published on or made available through the Website.

“GST” means Goods and Services Tax (GST) as defined within the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Customer” means the person, jointly and severally if more than one, acquiring or enquiring about the Products from the Vendor.

“Marketplace” means the online marketplace run by Kingston Collective on the Website that allows Vendors to promote and sell their products.

“Products” means all goods and products listed for sale on the Website by the Vendor and which are available for purchase by Customers.

“Services” means the marketplace service provided by Kingston Collective on the Website and any other services provided to you by Kingston Collective.

“Terms” means these terms and conditions.

“Website” mean www.kingstoncollective.com.au all subpages, any associated websites operated by Kingston Collective, and any other websites on which these Terms appear.

“Withdraw” means you request to have funds owed to you for The Sale of Products deposited into your nominated bank account.

“Vendor” (also referred to herein as “you” or “your”) means the person, jointly and severally if more than one, using the Website and the Marketplace to register an Account and sell Products.

“Vendor Standards” means the standards that all Vendors are required to comply with in relation to their conduct and dealings with Customer on the Marketplace.

 

3. Application of Terms

3.1 The Website and Marketplace are owned and operated by Kingston Collective.

Through the Website you can:

create an Account;

register your Business;

list, promote, and sell your Products to Customers on the Marketplace; and access and upload Content.

 

4. Registration

You may register your Business on the Marketplace by creating an account. You will be required to provide certain information when creating your Account (“Account Information”). The Account Information may include, but is not limited to, the name of your business, the name of the registered owner/s of the Business, your website or social media details, a description of your business, your contact details (including name, email address and phone number) and your postcode.

Naturally, all Account Information you enter must be accurate, complete, current, and not misleading. Failure to do so will constitute a breach of these Terms, which may result in immediate termination of your Account.

Upon registration, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activity that occurs under your login and password.

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we always strive to protect your Account Information, we do not warrant and cannot ensure the security of any information provided by you which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your Account Information, we will take reasonable steps to preserve the security.

 

5. Vendor Warranties (Important)

By creating an account and registering your Business on the Marketplace, you warrant that the following is true and correct:

You are at least 18 years of age;

You are the registered owner or beneficial owner of the Business, or you have express written permission from the owner of the business to register the Business on the Website and to sell the Products in the Marketplace;

You are the registered owner or beneficial owner of the ABN that is associated with the Business;

You have all legal rights to sell the products and the sale of the Products by you and use of the Products by Customers will not breach the rights of any third party, including any intellectual property rights;

You will comply with all applicable laws relating to the sale of the Products in Australia, including but not limited to the ACL and any industry codes, economic sanctions, and trade restrictions that may apply; and the sale of the Products on the Marketplace will not breach any applicable laws or regulations and will not bring us into disrepute.

Failure to comply with any of these warranties constitutes a breach of our Terms and understandably may result in the immediate termination of your Account and the removal of your Business from the Marketplace.

 

6. Vendor Standards

The policies and standards that outline the expectations and requirements placed on you, as a Vendor, are further described in the Vendor Standards, available on our website.

You acknowledge that you have had an opportunity to review and familiarise yourself with the Vendor Standards. By registering an Account and using our Services, you agree to comply with the Vendor Standards at all times.

Failure to comply with any of the Vendor Standards constitutes a breach of our Terms and understandably may result in the immediate suspension or termination of your Account and the removal of your Business from the Marketplace.

 

7. Listing Products

Once you have registered an Account, you will able to list Products on the Marketplace for purchase by Customers (“Listing”).

All information submitted to the Marketplace, including but not limited to the description, picture, and price of the Products (“Listing Information”) must be accurate, complete, and not misleading.

All prices listed on the Marketplace must be in Australian Dollars and inclusive of GST (unless otherwise stated).

All Listings must be for Products exclusively sold by your Business (either as the owner or the exclusive reseller of the Products).

You acknowledge that you are responsible for the Listing Information at all times. We will not be responsible for any inaccuracies in the Listing Information, whether caused by human error or technical error.

Under no circumstances may you offer for sale any Products which:

would be considered offensive, discriminatory, unsafe, hazardous or illegal;

contains another person’s intellectual property or copyrighted material;

is in breach of the Vendor Standards; or otherwise would result in a breach of any applicable laws or regulations relating to the sale of the Products in any States or Territories in which your Products are available for sale and purchase.

If any of your Listings are reported, we may suspend or remove your Listing as we investigate the report.

We reserve the right to reject or remove a Listing at any time, without notice, for any reason, including but not limited to a breach of these Terms or the Vendors Standards by you.

 

8. Payment and Delivery of Products

For each order, the Customer will pay, via an accepted payment method, the applicable price for the relevant Products confirmed by you and a delivery and handling fee as set and calculated by you.

If payment is made via a third party payment system, you must abide by any terms and conditions applicable to that payment system.

We are not responsible for the shipping or delivery of any Products. You will be responsible for the shipping and delivery of all Products, in accordance with the Vendor Standards.

 

9. Taxes

You agree that you are responsible for any GST, sales tax, or other taxes that apply to the sale and purchase of any Products on the Marketplace. If you have any questions or require more information about your tax obligations, we suggest that you contact the Australian Taxation Office or seek independent tax advice from a qualified professional.

If we are required to pay any taxes in relation to the sale of your Products, you agree to indemnify us for any such payments and promptly repay us for such costs upon notice.

 

10. Fees and Payments 

You may create an Account, register your Business, and create Listings for free.

All transactions made through the Marketplace will incur a transaction fee which the vendor/ seller pays. The Payment and Fees Policy may be updated or amended from time to time. We will endeavor to notify you in relation to any changes to the transaction fees, but please ensure that you check the Payment and Fees Policy periodically to ensure that you are aware of all current fees applicable to the sale of your Products.

Payments to your Account

The Sale Price of any Products sold by you via the Marketplace will be processed by Stripe, a third party application and paid directly into your connected Stripe account once you update a product as ‘complete’.

Kingston Collective commission is 10% of the total sale price.

Our third party processing fee is 2.9% + .30 (Stripe)

The sale of the product amount minus the Stripe fee (2.9% + .30), minus the Kingston Collective commission (10%) will be paid directly into your connected Stripe account once an order has been marked as ‘complete’ in your vendor dashboard.

In the event of an approved refund request, Stripe will withdraw those costs directly from your Stripe account. If you do not have sufficient funds in your Stripe account, your account will become overdrawn.

Third Party Payment Processors

Kingston Collective has engaged third-party service providers to perform many of the services related to payment processing.

Specifically, Kingston Collective uses Stripe to process payments made on the Marketplace.

By using the Marketplace, and accepting payments from Customers via the Marketplace, you may be required to comply with Stripe’s terms and conditions. We encourage you to review and familiarise yourself with these terms.

You acknowledge that we may share your personal or transactional information with those third party service providers as necessary in order to process payments.

If we receive notice that you have violated a third party payment provider’s terms and conditions, we may at our sole discretion take action against your account to comply with their policies and/or suspend the relevant transaction or your Business from the Marketplace.

You should also be aware that third-party payment processors may independently monitor transactions for sanctions compliance and may block transactions as part of their own compliance programmes. Kingston Collective has no authority or control over the decision-making of these third parties.

Kingston Collective is not responsible or liable, directly or indirectly, for the actions or omissions of a third party payment provider.

11. User Content

You are responsible for all Content that you submit to, publish, or display on the Website, including its legality, reliability, and appropriateness.

By submitting, publishing, or displaying Content on the Website, you grant us a perpetual, irrevocable, royalty-free license to use, modify, publicly display, reproduce and distribute such Content on and through the Website as well as our promotional channels. You retain any and all of your rights to any Content you submit.

You represent that you own any Content uploaded by you or that you have the right to use such Content, and that the submission, publication, or display of your Content on the Website will not cause you or us to breach any law, regulation, rule, code or other legal obligation.

You agree that any Content that you submit, publish or display does not contain any obscene, inappropriate, defamatory, disparaging, indecent, offensive, pornographic, threatening, abusive, racially insensitive or discriminatory content.

We reserve the right to modify or remove any Content (including Products) from the Website at any time if we believe that the Content may breach any of these conditions.

 

12. Disclaimer

We provide the Marketplace and all Content accessible on an ‘as is’ basis, and use of the Marketplace and our Website is at your own risk. We provide no representation or warranty as to the accuracy, completeness, currency, or reliability of the Content or any other information contained on the Marketplace or Website.

The use of the Marketplace and the Content is entirely at your own risk. Changes are periodically made and may be made at any time. You agree to release us and waive all claims you may have arising your use of the Marketplace or the Website, or the sale of your Products and promotion of your Business on the Marketplace, to the extent permitted by law.

We do not warrant that your access to the Marketplace and use of the Services will be uninterrupted or that the Marketplace won’t have some technical glitches, that any defects will be corrected, or that this Marketplace and its servers are free of computer viruses and other harmful data, code, components or other material.

We do not warrant that the Services are fit for your specific purpose. It is your responsibility to agree that the Services are suitable and fit for your Business prior to utilizing the Services. We cannot guarantee that the use of the Marketplace will result in any additional sales of your Products.

You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Marketplace, Website or Content while we fix defects and errors, install updates and undertake general diagnosis and maintenance of the Service or undertake emergency maintenance, and that as a result of which these applications may be less accessible or unavailable to you from time to time.

 

13. Liability 

To the fullest extent permitted by law, and subject to the ACL, Kingston Collective, its directors, employees, agents, contractors, and related entities will not be liable to you for any indirect, incidental, special, or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with your use of the Website, the Services or the Content.

Notwithstanding the above, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on the customer by the ACL or any other applicable law that cannot be excluded, restricted, or modified by agreement. Where liability cannot be excluded, any liability incurred by us is limited to the resupply of the Services or Content (as applicable) or the reasonable costs of having the Services or Content re-supplied, and any additional rights or remedies available to you against us for the failure of a statutory guarantee under applicable law.

If the ACL applies to your use or acceptance of our Services, then our Services will come with guarantees that cannot be excluded under the ACL. For major failures with the Service, you are entitled:

to cancel your service contract with us; and

to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

 

14. Indemnity 

You agree to indemnify and hold harmless Kingston Collective, its directors, employees, agents, contractors, and related entities (“The Indemnified”) in respect of any loss, damage, injury, or expense (including legal fees on a full indemnity basis) in connection with any third party claim made against The Indemnified in connection with:

any breach of these Terms by you;

your use of the Marketplace, the Content, and the Services;

a breach of any applicable laws by you;

your breach of any third party’s rights (including but not limited to intellectual property rights), except to the extent the loss is caused by the negligence, or a willful act or omission, of The Indemnified.

 

15. Intellectual Property

Unless otherwise stated, Kingston Collective owns the intellectual property rights to all Content on the Marketplace and Website, excluding any Content created or uploaded by a Vendor.

All trademarks, trade names, and copyrightable material that appear on the Marketplace and Website are proprietary to Kingston Collective and/or its affiliates. The use of these trademarks, names, or materials without our consent will infringe on our intellectual property rights.

Nothing on the Marketplace and Website or in these Terms should be interpreted as granting any rights to use or distribute any names, logos, or trademarks of Kingston Collective unless express written consent is provided by us.

 

16. Termination

We may suspend or terminate your Account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we will give prior or subsequent notice to you.

17. Closing your account

You may close your Account at any time, subject to you not having any outstanding transactions on the Marketplace, and having paid all fees owing in relation to your Account.

By closing your Account, you acknowledge that you will still be bound by any of these Terms which by their nature are intended to survive, including but not limited to clauses 5, 9, 12, 13, 14, and 15.

18. Competitions and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules. If the rules of the Promotion are inconsistent with these Terms, the Promotion rules will apply to the extent of the inconsistency. Promotions could include but not limited to giveaways, discounts, or specials including Black Friday and Boxing Day Sales.

 

19. Privacy

We may collect, use, store, process, and disclose any personal information that you provide to us or enter into the Website. We will only use your personal information for the purpose for which it was provided to us, to provide the Services to you, or for a related secondary purpose that could be reasonably expected.

As a Vendor, you may receive personal information from Customers or users of the Website. You agree to treat all personal information that you receive in accordance with all applicable privacy laws and the Vendor Standards.

You are responsible for the personal information that you process, and you acknowledge and understand that if you breach any privacy laws or other rights in relation to a Customer’s personal information, or if you misuse or disclose any personal information without the consent of the data subject, you will be responsible.

You agree to indemnify Kingston Collective against any claims made against Kingston Collective in relation to a breach of privacy laws or otherwise in relation to your processing of personal information, unless and to the extent that Kingston Collective is also liable, either by law or in accordance with our privacy policy.

 

20. Confidentiality

Kingston Collective and the Vendor agrees that any confidential information received from, or in relation to, the other party, will be held confidentially and must only be used for the sole purpose for which the information was disclosed.

You agree not to disclose, use, publish, sell, communicate or otherwise exploit any confidential information you receive from Kingston Collective or from a Customer, unless you have the express written permission of the owner of the confidential information, or if required to do so by law.

You agree to delete, destroy or return (as requested) any confidential information provided to you when it is no longer required for the purpose for which it was given.

 

21. Contact

If you have any questions or concerns, you may contact us at the following contact details: hello@kingstoncollective.com.au

 

22. General

The laws of the state of Victoria, Australia govern these Terms and the parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and all other courts entitled to hear appeals from those courts.

The failure by either party to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these Terms shall be invalid, void, illegal, or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

We may license, subcontract and/or assign all or any part of our rights and/or obligations under these Terms without your consent. You cannot license, subcontract, or assign your rights without our written approval.

Both parties warrant that they have the power to enter into these Terms and have obtained all necessary authorizations to allow them to do so, they are not insolvent and that these Terms creates binding and valid legal obligations on them.

 

These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and us.