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Felt – Terms of Use

Welcome to the Felt website. These are the terms of use for sellers, buyers and browsers to help make the Felt experience a happy and productive one for all. By continuing to visit our website, or by registering for an account on the website, you are agreeing to do so on these terms.
 

Terms for everyone, including buyers and sellers

Who are we?
The Felt website is run by Felt Ltd (Felt), a company incorporated in New Zealand, and these terms apply between you and Felt. By registering for an account on this website you are accepting these terms of use.

Changing terms
Felt has the right to amend these Terms of Use at any time for any reason. Any amended terms will be effective as soon as they are posted on Felt’s website, and as a user it will be your obligation to keep up to date with any new terms. Felt will endeavour to communicate new terms to its users, but if it is unable to do so, the new terms will still apply.

18 or over only
You must be 18 to register for an account with Felt which is necessary to buy or sell through the website.

Be nice
Feel free to browse through the Felt listings and interact with the sellers, however do not leave rude or offensive messages for anyone in the Felt community. Felt reserves the right to remove any messages or content from the website at its own discretion.

Felt’s role
Felt is a marketplace. When you buy or sell a product the contract is strictly between the buyer and seller and Felt is neither a party nor an agent for anyone else in relation to that contract.

Felt’s liability
While Felt is proud of the quality of its sellers, and takes care to ensure that its sellers are honest and responsible, Felt is NOT liable in any circumstances whatsoever, including for Felt’s negligence:

• to any purchaser for the quality, fitness for purpose, compliance with description or lawfulness of the product supplied by the seller
• if the seller does not provide the product
• if the buyer does not pay for the product
• to ensure the safety of any product

Messages
Felt provides a message system for buyers and sellers to communicate with each other. This is not a private communication channel, and Felt has access to and may monitor any communication taking place on the website. You agree not to use the message system to send any offensive material or comments to any person. You also agree not to use the message system to arrange any transactions outside the process provided by Felt, to share contact details, including website details or otherwise avoid the commission due to Felt on each sale. Any person found breaching this provision is likely to have their account with Felt terminated immediately.

In trade
All Felt sellers are in trade and as such must comply with the New Zealand Consumer Guarantees Act and the Fair Trading Act.

 

Special Terms for Felt Sellers

Handmade by seller
The Felt website is a marketplace for handmade craft items. Felt welcomes New Zealand makers to open an account with Felt to sell any handmade craft items the seller has personally been involved in making or designing. Felt may remove listed items or close sellers’ accounts if the goods offered are not, in Felt’s sole and unfettered discretion, handmade items associated in this way with the seller. Felt will always attempt to discuss this with the seller first.

There is room for considerable discussion as to what amounts to handmade, and whether articles are sufficiently associated with the seller. Generally, but without affecting Felt’s absolute discretion, a handmade article will have one or all of the following qualities:

• it is a unique design, designed by the seller
• it has been substantially made by hand by the seller
• it has factory made components, but these are assembled by the seller in a creative way, or in a way requiring unique or special skill
• though originally factory made, it has been upcycled or repurposed by the seller in a unique way

New Zealand address
Sellers must provide a valid New Zealand address and phone number.

Lawful
Sellers must ensure that the product they are offering for sale conforms with all New Zealand laws. Without limiting the generality of this provision, sellers must ensure the following in relation to products offered for sale on the website:

• that all food products comply with the Food Act and any regulations in force
• that products do not breach Copyright or Trade Mark legislation, or the intellectual property rights of any third party
• that all products comply with safety regulations in force in New Zealand. Particular care needs to be taken for products sold as suitable for infants under three years old, as there are laws relating to (for example) choking hazards and flammability. However, it is the seller’s responsibility to ensure all products comply with ALL New Zealand laws.
• the GST inclusive sale price is listed in NZ dollars in the listing for each product

If Felt has concerns about the legality of any items offered for sale, it reserves the right to remove the listings immediately and will not relist the items unless it is satisfied, in its own opinion entirely, that the items comply with New Zealand law. Felt will attempt to communicate with the seller in regard to removing any items from that seller’s listing.

Listing requirements
When listing products on the website, sellers must:

• clearly state the sale price (in NZ dollars and including GST)
• clearly set out any shipping prices and conditions
• describe the product faithfully without any misleading details or omissions
• remove the listing when the product is not available
• avoid placing any contact details for the seller on the listing
• own the copyright for any photographs uploaded to the website
• grant the right for Felt to use any details listed, and any material submitted in a listing for promotion of the website

In addition, sellers must post the product to buyers promptly upon payment.

Submitted material
When you upload photographs to the website you give consent to Felt to use the photos for any purposes related to promotion of the community or the website.

Commission payable and listing fees
All sellers must pay a listing fee upon listing an item on Felt for the listing period. If the item listed has not sold when the current listing period expires, the seller must pay a further listing fee to relist the item. In addition to listing fees, Felt charges a percentage sales commission of the total purchase price of the listed item. Click here for the current listing period and current rates.

All listing fees and commission payable to Felt are deducted from the seller’s prepaid Felt account, which can be credited at any time with a minimum of $10 by bank deposit or Paypal. The sums paid into your Felt account are not repayable upon demand, however if your Felt account is closed for any reason the balance available after all sums owing to Felt are deducted will be paid to the account holder.

ALL sales arising from a buyer enquiry or contact through this website are subject to a commission payment as set out in the commission rates applicable at the current time.

To support this Felt requires that sellers do not post their contact details, including website details and links on the website or make contact with buyers outside of the Felt sale process for the purposes of concluding a sale. Sellers may not make arrangements through the Felt website, or with Felt buyers, to conclude a sale outside the Felt system for sales. If Felt becomes aware that this has occurred, it will take action against the seller, which may include claiming any lost commission and terminating the seller’s account.

If any commission payable on a sale results in the seller’s account becoming negative, the seller agrees that this sum is owing as a debt. Interest will be payable on any negative balance at the rate of 3% per month, and if recovery action is required to recover any such balance, the seller will pay all debt recovery costs, including all legal costs and any debt recovery agent’s costs.

Current information
Please make sure you supply correct current information to Felt, including your personal details and correct payment details. It is your responsibility to update these details any time they change. Felt will not be responsible for any losses caused to you due to your failure to provide correct and updated personal information and payment details.

Closing accounts
Felt reserves the right to cancel any seller’s account at any time, without specifying a reason, by sending a message to the seller to the email address specified at registration.

A seller may terminate their account at any time by giving one week’s notice to Felt at the email address support@felt.co.nz.

Upon termination or suspension of a seller’s account, all commission still payable and any other sum owing remains payable to Felt and must be paid immediately.

All listing fees paid are not refundable. However if the account has been terminated by Felt in circumstances where the seller has not breached any terms, Felt may choose, at its own discretion, to refund the unused portion of any listing fees.

Privacy
Felt only collects your personal data for the purposes of administering the website, your listings and for charging listing fees and commission. Your personal details are not given to any third parties without your permission. You are entitled to access your personal information and request changes where the information is incomplete or incorrect. Felt will respond to any privacy request within a reasonable time.

Community communication
One of the lovely things about the Felt website is the community of sellers who support and encourage each other. As a Felt seller you agree that you will not post any material or comments that could be taken as offensive by another seller, and will not post any material which could be defamatory of any party on the website.

If you have concerns about any aspect of another seller’s listings, you are entitled to make a complaint to Felt by sending an email to support@felt.co.nz. Felt will carefully consider all complaints made.