By connecting your Stripe account, you are in effect proceeding with your ecommerce stall and do therefore hereby agree to abide by the Terms and Condition as laid out within the “Nelson Market Contract” hereafter.
1. ONLINE STALL HOLDER TERMS AND CONDITIONS
Please read the Online Stall Holder Terms carefully before you sign your contract. These requirements lay out the Terms and Conditions on which you will become an Online Stall Holder with Nelson Market Ltd. (nelsonmarket.com). As such you agree to comply with the in delivering your product or service to visitors of NelsonMarket.com. Any contractor in breach of the Terms will have their contract revoked.
2. INFORMATION ABOUT US
Nelson Market was established in 1978 and operates its physical business at Montgomery Square, Nelson.
Nelson Market registered office is at: XXXXXXXX
Phone: (03) 546 6454
Email: [email protected]
3. NELSON MARKET FEES FOR 2020-2021 CONTRACT PERIOD:
Nelson Market fees are fixed for the contract period.
Annual fee: $49.00 plus GST per annum (one off)
Nelson Market Per transaction fee: 1.25%
IMPORTANT: Stallholders are required to sign up for a Stripe account in order to use the Nelson Market online website. Stripe per transaction fees are deducted at point of sale (website) and are directly payable to Stripe.
The Nelson Market pricing for Stallholders is made up of three components:
- Nelson Market annual online-stallholder fee: $49.99
- Nelson Market per-transaction fee: 1.25%
PLUS *Stripe Connect per-transaction fee: 2.9% + $0.30c
TOTAL: 4.15 % + $0.30c per transaction
*Note – Stripe fee increases may occur without notice and are beyond the control of The Nelson Market Ltd.
Annual Online Stallholder contracts are valid for one year.
RENEWAL is by mutual agreement and will be invoiced automatically. The Nelson Market website may be changed or altered in the course of market business and any changes can be enacted without stall holder consent.
CANCELLATION by either party shall be in writing and with 30 days notice.
REFUNDS If cancellation occurs within 30 days of contract signing, the full Annual Fee will be refunded $49.99 plus GST. Per transaction fees if any, will not be refunded. Cancellations after 30 days will not be refunded.
5. TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Nelson Market brand and any trademarks owned by the company, (whether or not they are registered) appearing on our site at any time are owned by the Nelson Market Ltd.
- All other intellectual property rights as related to the Nelson Market, regarding our website, physical market, Nelson Market products and website content, is protected by law.
- Nelson Market Online Stall Holders retain copyright, intellectual property rights, image and brand or logo ownership, as pertains to their business, brand and products.
- Online Stall Holders agree to upload their products, logo and content to the Nelson Market website will no liability being attached if their material, ideas, images are stolen or copied by outside parties beyond our control.
6. NO RELIANCE TO BE PLACED ON CONTENT ON OUR SITE
The content on our site is provided for general information only.
We make reasonable efforts to ensure that the content on our site is up to date and accurate. We do not, however, give any warranties, assurances or guarantees that any content on our site will be up to date, complete or accurate at any given time. We do not give any warranties, assurances or guarantees that our site, or any content on it, will be free from errors or omissions.
7. SELLING ONLINE - LIMITATIONS OF OUR LIABILITY
Nelson Market Limited will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use the ecommerce website; or
- fraudulent consumer purchasing;
- use of, or reliance on, any content on our site.
Online Stall Holder please note, The Nelson Market Ltd shall not be liable for:
- loss of profits, sales, business or revenue due to website or server down time;
- business interruption;
- loss of anticipated earnings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage or data breach.
This includes outages caused by the ecommerce platform becoming unavailable for any reason e.g. sever downtime, hacked security, or force majeure events such as extreme climate or health events.
8. SECURITY, VIRUSES AND OTHER HARMFUL MATERIAL
Whilst every effort is made to ensure data security and website integrity through encryption and server-side security, we do not guarantee that our site will be secure or free from bugs, viruses or other harmful material. We will not be liable for any loss or damage caused by any virus or other harmful material resulting from or attributable to your use of our site or any website linked to it. You should install your own anti–virus software and take other measures to protect against any such loss or damage.
You must not:
- misuse our site by knowingly or recklessly introducing bugs, viruses or harmful material;
- attempt to gain unauthorised access to our site, the server on which our site is stored or any server, equipment or database connected to our site; or
- attack our site via a denial-of-service attack or a distributed denial-of-service attack.
Any breach by you of these provisions may be a criminal offence under section 248 of the Crimes Act 1961 (NZ).
If we suspect that you have committed any such breach, we may report it to the relevant law enforcement authorities and may disclose your identity and any other information we consider relevant to them.
9. LINKING TO YOUR SITE
As an Online Stall Holder you may link from your Nelson Market stall holder listing to your own business website , provided:
- you maintain reasonable market parity in pricing and do not seek to undercut pricing on NelsonMarklet.com.We understand the need to be flexible and that retailers will hold sales and offer incentives from time to time. The requirement of reasonable parity is not intended to restrict business activity, merely to ensure the Nelson Market website can remain a viable sales platform to support Stallholders businesses. Failure to comply with reasonable pricing parity will be investigated on a case by case basis.
- Your business and website comply with NZ fair trading and consumer guarantee practices.
10. THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for information only. We have no control over the content of those sites or resources, nor do we endorse them. We accept no responsibility for such sites or for any loss or damage that may arise from visitor use of them.
11. STALL HOLDER OBLIGATIONS TO NELSON MARKET ONLINE CUSTOMERS
To build a trusted and reliable e-commerce platform, Nelson Market Stall Holders are required to adhere to Stall Holder contract Terms and Conditions.
Customers who purchase items on NelsonMarket.com directly from Stall Holders are protected by the New Zealand Consumer Guarantee Act 1992 for any sales inside NZ.
Stall Holder – Obligations
Many Stall Holders selling online, will already be delivering the following service to customers. Your Online Stall must comply with your obligations to:
- Provide accurate product descriptions, photographs and measurements or ingredients;
- Provide genuine products as advertised, not counterfeits or knock-offs;
- Provide clear and concise sales & return information within the Policies section of your Online Stall and act fairly and promptly to manage returns or damaged goods;
- Provide prompt if not immediate confirmation of ‘payment received’ to customers for sales (immediately to 24 hours);
- Provide prompt confirmation of goods dispatch both in New Zealand, and Internationally (subject to availability) within one week unless by mutual agreement with the consumer with courier and tracking information;
- Provide products and packaging that comply with laws and standards set by the purchasers country;
- Ensure packaging is adequate for international travel and handling;
- Provide contact details for customers who have questions or complaints. Manage complaints effectively to achieve a satisfactory resolution;
- Provide clear information as to whether your products are sold as DDU or DAP.
Delivered Duty Unpaid (DDU) is an international trade term meaning the seller is responsible for ensuring goods arrive safely to a destination; the buyer is responsible for all import duties.
Delivered-at-Place (DAP) similar to above and also used. Agreements stipulate the buyer is responsible for paying import duties and any applicable taxes, including clearance and local taxes, once the shipment has arrived at the specified destination.
12. DISPUTES AND RESOLUTION
Your satisfaction matters to us and Nelson Market will act promptly to understand any issues that are brought to our attention. Should you have any concerns or grievances in the first instance we ask you to submit these in writing, clearly outlining both the issue and the resolution you are seeking to achieve to:
Email Nita Knight.