Terms and Conditions for Spendilly Marketplace
Last updated: January 2, 2025
Welcome to Spendilly (“we,” “us,” or “our”), an online marketplace designed to connect creators with customers who value artistry and functionality. These Terms and Conditions (the “Terms”) govern your use of our website, mobile app, and online marketplace platform (collectively, the “Platform”).
By registering as a vendor (“you” or “Vendor”) on the Platform, you agree to these Terms, along with our Privacy Policy, which is incorporated herein by reference. Your continued use of the Platform constitutes your acceptance of these Terms.
1. Eligibility
To register and sell on the Platform, you must:
- Be at least 18 years old.
- Have the legal capacity to enter into a contract.
- Comply with all applicable local, state, national, and international laws.
By registering, you represent and warrant that you meet these eligibility requirements.
2. Vendor Registration and Account Security
2.1 Registration Requirements:
- Vendors must provide accurate and complete information during the registration process.
2.2 Account Security:
- Vendors are responsible for safeguarding their login credentials and all activity that occurs under their account.
- Vendors must notify Spendilly immediately of any unauthorized access or security breach.
3. Vendor Responsibilities
3.1 Compliance with Laws:
Vendors must comply with all applicable laws, regulations, and Spendilly policies, including but not limited to:
- Product labeling and advertising regulations.
- Tax obligations for sales made through the Platform.
3.2 Prohibited Products:
Vendors may not list or sell items that are:
- Counterfeit or infringe intellectual property rights.
- Dangerous, illegal, or otherwise inappropriate as determined by Spendilly.
3.3 Accuracy of Listings:
- Vendors must provide accurate descriptions, images, and specifications for all products.
- Misleading or false product listings are grounds for removal and account termination.
4. Fees and Payments
4.1 Platform Service Fee:
- Spendilly charges a 5% Platform Service Fee on the total order amount (excluding shipping).
- This fee supports the maintenance, marketing, and growth of the Spendilly platform.
4.2 Payment Processing Fee:
- Transactions are subject to Stripe’s processing fee of 2.9% + $0.30, which is passed directly to vendors.
4.3 Refund Policy for Fees:
- Both the Platform Service Fee and Stripe Processing Fee are non-refundable, even if a transaction is canceled or refunded.
5. Shipping and Delivery
- Vendors are solely responsible for the timely and accurate delivery of their products to customers.
- Vendors must provide tracking information where applicable.
- Spendilly is not liable for shipping delays caused by vendors or third-party carriers.
6. Returns, Refunds, and Disputes
- Vendors must clearly outline their return and refund policies in their shop profile.
- Vendors are solely responsible for resolving customer disputes related to returns or refunds.
- Spendilly reserves the right to intervene in disputes that may harm the reputation of the Platform.
7. Intellectual Property
- Vendors retain ownership of the intellectual property for the products they sell.
- By listing products on Spendilly, Vendors grant Spendilly a non-exclusive, worldwide, royalty-free license to use images and descriptions for marketing purposes.
8. Liability and Indemnification
8.1 Limitation of Liability:
- Spendilly is not liable for damages arising from:
- Errors or interruptions in service.
- Loss of revenue due to vendor actions.
- Disputes between vendors and customers.
8.2 Indemnification:
Vendors agree to indemnify and hold harmless Spendilly, its owners, employees, and affiliates from any claims, damages, or expenses arising out of:
- Vendor’s use of the Platform.
- Breach of these Terms.
- Product liability or customer disputes.
9. Dispute Resolution
- Any disputes arising out of or related to these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
- Arbitration will take place in Temecula, CA.
10. Transparency and Fee Comparison
| Feature | Spendilly Market | Etsy |
|---|---|---|
| Platform Service Fee | 5% of the order total | 6.5% of the order total |
| Processing Fee | 2.9% + $0.30 (Stripe) | 3% + $0.25 |
| Listing Fee | $0 | $0.20 per item |
| Refund Policy on Fees | Non-refundable | Non-refundable |
| Advertising Fees | Optional, low cost (future) | 12-15% for offsite ads (mandatory if applicable) |
| Total Fee Example | ~$8.20 for a $100 sale | ~$9.95 for a $100 sale |
11. Prohibited Actions
Vendors may not:
- Use the Platform for fraudulent or unlawful activities.
- Attempt to circumvent Spendilly’s fee structure.
- Harm the reputation or functionality of the Platform.
12. Modification of Terms
Spendilly reserves the right to modify these Terms. Vendors will be notified of significant changes via email or on the Platform at least 30 days prior to implementation. Continued use of the Platform constitutes acceptance of revised Terms.
13. Entire Agreement
These Terms, along with the Privacy Policy, constitute the entire agreement between Spendilly and its Vendors.
