This Seller Addendum contains specific provisions applicable to you if you are using the Service as a Seller. Please review these terms carefully.
1. Seller Terms
- 1.1 Transparency. One of Musely's core values is transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.
By Selling on Musely, you agree that you will:
- (a) Provide honest, accurate information in your My Store page.
- (b) Honor your Store Policies, should you choose to publish them.
- (c) Shipping will be free to customers, please include your shipping price in your final price.
- 1.2 Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Musely's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Musely store. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing and any graphics or pictures of the item/items for sale must be an accurate representation. If the "in stock" quantity is more than one, all items in that listing must be identical. Sellers agree to report and remit any applicable state or local sales, use, or other transactional tax imposed upon the sale of the product by Sellers made through Musely's website. Sellers agree to indemnify and hold Musely harmless for the reporting and remitting of any such taxes.
- 1.3 Store Policies: All Sellers are urged to outline store policies for their Musely store. These policies may include, for example, shipping, returns and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All store policies must comply with Musely's site-wide policies. Sellers are responsible for enforcing their own reasonable store policies. Musely reserves the right to request that a Seller modify a store policy.
- 1.4 Binding Sale: All sales are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the Buyer in a prompt manner.
- 1.5 Fee Avoidance: Any action by a Seller to avoid paying a fee or commission is considered fee avoidance and is strictly prohibited by Musely. This includes, for example, encouraging Buyers to purchase an item in your Musely Store through another venue. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item's price after a sale for the purpose of avoiding Musely transaction fees, misrepresent the item's location, or use another user's account without permission.
- 1.6 What Can and Cannot be Sold on Musely: Musely Marketplace is a marketplace for beauty, baby, cleaning and health/fitness products. To ensure that customers are able to buy with confidence from all Sellers on Musely, we have Seller and Product requirements in these categories.
- The requirements for selling in these categories reflect customer concerns about product quality, product branding, and consumer safety. Sellers must meet the requirements listed below in order to sell products on Musely.
- 1.7 Account Transfer: You may not transfer or sell your Musely Seller account and username to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
- 1.8 Seller Requirements
- (a) You must and be approved by Musely to be a Seller
- (b) You must provide us with acceptable documentation and other information we request about the products you intend to sell.
- (c) You are not required to have your own company website, but if you have one it will be helpful to us to review it during the application process.
- (d) Sellers are expected to be self-serve and drop-ship orders themselves.
- (e) Sellers are responsible for registering with the appropriate taxing authority to report and remit any sales, use or other transactional taxes resulting from sales of products on the Musely website, where applicable.
- (f) Sellers must provide and maintain a valid Stripe or other payment systems account approved by Musely. You must agree to the Stripe Connect Account Agreement or the terms of another payment systems account which has been approved by Musely.
- 1.9 Product Requirements
- (a) All products must be sold in New condition. Used listings are not permitted.
- 1.10 What Can't be Sold on Musely. The following types of items are prohibited or restricted on Musely:
- (a) Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drug Claims
- (b) Animals and Certain Animal Products
- (c) Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
- (d) Hate Items: Items that Promote, Support, or Glorify Hatred
- (e) Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
- (f) Internationally Regulated Items
- (g) Pornography and Mature Content
- (h) Violent Items: Items that Promote, Support, or Glorify Violence
- (i) Counterfeit products
Used, Opened, or Expired products are also restricted on Musely.
We reserve the right to remove products that we determine are not within the spirit of Musely. Such products will be removed from the site, and the Seller's selling privileges may be suspended and/or terminated.
- 1.11 Sale and Fulfillment. As a Seller, you will:
- (a) source, offer, sell and fulfill your Products, in accordance with the terms of the applicable Order Information at the time of the order and be solely responsible for and bear all risk for those activities
- (b) package each of Your Products in a commercially reasonable manner complying with all applicable packaging and labeling requirements and ship each of Your Products on or before its Expected Ship Date
- (c) retrieve Order Information at least once each business day
- (d) only cancel Your Transactions as permitted pursuant to your terms and conditions
- (e) fulfill Your Products throughout the Elected Country (except to the extent prohibited by Law or this Agreement)
- (f) provide to Musely information regarding fulfillment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, and we may make any of this information publicly available
- (g) ensure that you are the Seller of each of Your Products
- (h) include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of Your Products
- (i) identify yourself as the Seller of each of Your Products on all packing slips or other information included or provided in connection with Your Products and as the Person to which a customer may return the applicable product
- (j) except as expressly permitted by this Agreement, not send customers emails confirming orders or fulfillment of Your Products
- (k) register for sales and use tax permits with the taxing authorities, where applicable.
- 1.12 Returns. All products are eligible to be returned within 30 days of purchase. Depending on the reason for the return, you may choose to refund the Customer for the product and shipping. You may also choose whether to accept the product to be shipped to you. You will route all refunds to Customers in connection with your transactions through Musely. We will provide those payments to the customer (which may be in the same payment form originally used to purchase Your Product or as otherwise determined by us).
- You will promptly provide refunds and adjustments that you are obligated to provide.
- 1.13 Cancellations. If you are unable to complete a transaction, you must notify the Buyer and Muse and cancel the transaction. If the Buyer already submitted payment, you must issue a full refund to both the Buyer. You are encouraged to keep proof of any refunds in the event a dispute arises.
You may cancel a transaction under the following circumstances:
- (a) The Buyer did not pay. (The Seller may flag a Buyer for a payment not received, chargeback, or canceled payment.)
- (b) Both you and the Buyer agree to cancel the transaction prior to shipment, and you have issued the Buyer a full refund.
- (c) You have decided to refuse service to the Buyer, and if the Buyer has already paid, you have issued a full refund, including shipping.
- (d) The Buyer did not receive the item(s) ordered, even though you provided proof of shipping, and you have issued a refund for the item
- (e) Both you and the Buyer agreed that the Buyer could return the item for a refund, you have received the returned item and issued a refund to the Buyer for the item.
Muses will not be paid commission for cancelled or refunded items
- 1.14 Providing Great Customer Service. We expect our Sellers to provide a high level of customer service. By selling on Musely, you agree to:
- (a) Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a Buyer in a prompt manner, unless there is an exceptional circumstance. These requirements are detailed in our Shipping Policy.
- (b) Respond to Chats and Messages in a timely manner.
- (c) Honor the commitments you make in your store policies.
- (d) Resolve disagreements or disputes directly with the Merchant, Buyer or Muse.
- (e) If you are unable to complete an order, you must notify the Buyer and cancel the order.
- 1.15 Building a Positive Reputation Through our Reviews System. Reviews are a great way for you to build a reputation on Musely. Buyers can leave a review, including a one to five star.
You can respond to reviews, however they may not:
- (a) Contain private information;
- (b) Contain obscene, racist, or harassing language or imagery;
- (c) Contain medical or drug claims or information;
- (d) Contain advertising or spam;
- (e) Be about things outside the Seller's control, such as a shipping carrier, Musely or a third party; or
- (f) Undermine the integrity of the Reviews system.
- 1.16 Extortion. Extortion is not allowed on Musely. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on Musely. Extortion includes when a Seller offers a Buyer or Muse additional goods, services, or compensation in exchange for a positive review.
- 1.17 Fees and Billing. Joining and setting up a store on Musely is free. Musely does not charge fees for listing an item for sale. Musely may, at Musely's sole discretion, change some or all of Musely's services at any time. In the event Musely introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
Types of Fees
Sellers may be required to pay the following types of fees:
- (a) Muse Commission. When you make a sale through a Musely Muse, Sellers must pay the Muse a commission which will be a percentage of the sale price (includes shipping, excludes tax). Sellers will be able to set up the commission fee per SKU. This fee will be deducted from the final proceeds of the sale and the remaining portion will be transferred to your Stripe account
- (b) Musely Transaction Fees. When you make a sale through Musely, you will be charged a transaction fee of up to 20% of the item price. Transaction fees will be deducted from the final proceeds of the sales and the remaining portion will be transferred to your Stripe account.
In certain situations, including but not limited to a void or invalid transaction, Musely may issue a credit for the applicable fees to a Seller's billing statement.
You are responsible for paying all fees and applicable taxes associated with using and selling on Musely.
- 1.18 Price: All list prices should be inclusive of shipping price and everything must appear as Free Shipping to the customers. Musely will pay Sellers based on the price and shipping costs that they list for their products.
Seller's transactions may be eligible for payment after the product is shipped. Transactions that cannot be confirmed as shipped may be ineligible for payment.
Proceeds received by Sellers are net of:
- (a) Commission
- (b) Musely Transaction fee
- (c) any other applicable fees described in this Agreement
If a Seller refunds money to its customers, and the refund is routed through Musely, the commission will automatically deducted from Muse's account and will be refunded to the customer.
- 1.19 Payments
You will be required to have a Stripe account. Sellers will be paid upon confirmation of Order shipment. Payments will be transferred immediately to Sellers' Stripe account. Sellers will be able to draw from their Stripe account immediately. Musely's Transaction fee and Muses commission will be automatically deducted from the sale price
For any amounts you owe us, we may
- (a) charge Your Credit Card or any other payment instrument you provide to us;
- (b) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you;
- (c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt;
- (d) reverse any credits to Your Bank Account; or
- (e) collect payment or reimbursement from you by any other lawful means.
If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, or other risks, then we may in our sole discretion withhold any payments to you until the completion of any related investigation. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, then we may in our sole discretion permanently withhold any payments.
- 1.20 Taxes. Sellers are responsible for reporting and remitting any applicable taxes (including sales, use, and other transactional taxes) associated with product sales made through Musely's website.
- 1.21 Termination of Rights. Musely may terminate your right to be a Seller at any time, with or without cause, by giving you notice of termination.