Legal – Seller Terms

 

Becoming a seller

Process to become an seller

There are easy steps you follow to sign up as a seller and open a store which is found on the Studio Marketplace website. There you’ll find instructions and resources that will help you get started. You’ll also find information about payments, commission and other important information about being a seller on our site.

Becoming a seller is free and putting your items up on the Studio Marketplace is also free but there is a review process. There are a few things you promise in exchange for the right to be a seller, which are outlined in these Seller Terms.

How selling your items works

What you’re providing:

License Term 

When you ‘sell’ an item, you’re making your item available to buyers to use that item under certain conditions; you’re not actually selling the item itself. What you’re selling includes a license term directly to the buyer or to use that item under the relevant license options that we have set forth in our Licensing Terms.

Buyer support

Even with great instructions your buyers will have questions.  You will be expected to respond to buyer queries through your storefront as the Studio Marketplace does not provide support to buyers on the items they purchase from you.

The total price for an item on Studio Marketplace is made up of the list price you define and taxes if applicable.

  1. List price: This is the price you define to sell your item. Your final commission on your sale will be less the Processing fee and our Buyer fee.
    1. Buyer fee: This is the fee buyers pay to Studio Marketplace for the buyer services of the Marketplace.
    2. Processing fee: This is the fees associated with the payment.
  2. Taxes: Some transactions may be subject to tax that may be added to the total price.

Your earnings

When your item is sold on the Studio Marketplace you will earn the list price, less any fees.  The Processing fee you pay is determined by the payment processor, not us.  The Buyers fees you pay to us are set out in our rates schedule that we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the change posted to your sellers dashboard by us on Studio Marketplace.

Buyer Fee Rate Schedule

  • Studio Marketplace processing fee – $2 USD
  • Studio Marketplace commission – 20%

Setting the prices of items

As a marketplace we do not set the price of your item – you do. You can give away items for free on the Studio Marketplace or you can set a price.  Processing fees and Buyer fees are always deducted first from your list price before any commission can be paid.

Review

We have rules about what we acceptable to sell and although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for Studio Marketplace.

No Variation

You are not permitted to vary these terms (or our Studio Marketplace Terms) as they apply between you and buyers, or to offer your items on different terms or with additional terms (for example, through your item description pages). Any different or additional terms that you try to impose on Studio Marketplace on your items will have no effect against buyers or the Studio Marketplace.

How do payments work

Commission payment

Buyers pay you directly for the total price of the item.  Your commission is the list price less Processing fees and Buyer fees.

Potential deductions

Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, and other fees and transactions (which we don’t control). If a Studio Marketplace transaction on an item is subject to these payment agents’ fees they become the sole responsibility of the seller.

You or we may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your selling item, or transactions that may be reversed for other reasons. If that happens, we reserve the right to deduct from your Studio Marketplace account any amount that would otherwise be payable to you.

Payment errors

We require that you maintain your account with the Payment agents used on the Studio Marketplace, and your account is linked with your storefront.

Holding earnings

In the event your Payment agent account is a problem on your storefront and fails to process the sale on your behalf, the Studio Marketplace will be the direct receiver of all the funds of your sold item.  If this was to occur we have the option to hold some or all of your earnings for that individual sale.

Seller house-keeping

Taxes that apply to your supplies

As a seller on Studio Marketplace, you are responsible for paying any taxes that apply.

We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate.  We may disclose or submit your information to regulators and government agencies in connection with our compliance procedures and obligations.

Your promises and responsibilities

As a seller you promise to us and each buyer of your items that:

  1. the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
  2. the item matches the description given by you on the item page;
  3. you will honor any express promises given to buyers that are not contained in the Studio Marketplace Terms;
  4. you have rights necessary to license that item on the terms of the applicable license;
  5. the buyer’s use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
  6. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  7. the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  8. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

If you make your items available on Studio Marketplace for free, then the promises you make to buyers also apply to anyone who downloads your item from Studio Marketplace. In certain circumstances, we may also allow a buyer to purchase an item for another member, and in this case you also agree that these promises apply to the member for whom the item is purchased.

You give an indemnity (legal protection) to and are liable to each buyer of your items as stated in the Studio Marketplace Terms.

As a seller you promise to us that:

  1. you will not use Studio Marketplace to offer non-Studio Marketplace goods or services to buyers;
  2. you will not buy your own items;
  3. you will follow any seller guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request; and
  4. information and documentation you give us (like your name, address and contact details) are accurate..

Buyers’ use of your item

We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your item contrary to the Studio Marketplace Terms or the item’s license.

Our use of your item

We may use the whole or part of your items to promote Studio Marketplace. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.

Item removal

We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the storefronts to keep the Studio Marketplace fresh and full of quality items that meet the latest market trends. Also, issues about an item might be brought to our attention such as errors, inaccuracies, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.

Personal information

In order to facilitate a transaction on Studio Marketplace, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or item support services). You agree that you will keep buyer information confidential and only use this information for that Studio Marketplace transaction.

Legal housekeeping

Relationship between us and you: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:

  1. for passing on your promises to buyers made in the Studio Marketplace Terms;
  2. for limiting your liability to buyers in the Studio Marketplace Terms.

Definitions

Seller:

a member who makes items available for sale on Studio Marketplace.

Buyer fee:

the fee for the services buyers get from Studio Marketplace like quality control and other related buyers services of the Marketplace.

Total price:

the total price a buyer pays for an item.

List price

is the price you set on an item page on Studio Marketplace.  This list price will be subject to the Processing fee and the Buyer fee.