Seller Agreement

You accept this agreement when you tick the box during store setup, or when you accept a new version from your seller dashboard. Klatchit records which version you accepted and when. If you accept on behalf of a company, you confirm you are authorized to bind it, and “you” means that company.

Everyone you invite to your store acts under this agreement, and you are responsible for what they do with it.

These are incorporated into this agreement and you agree to them by agreeing to it:

• the Conditions of Use, including the order of precedence set out there;
• the Intellectual Property Policy, including its prohibited-conduct list, its scoring, and its repeat-infringer thresholds;
• the DMCA notice and counter-notice process;
• the Privacy Notice;
• the published fee, payout, returns, and shipping pages, and the developer documentation if you use the seller API.

Those pages can change as the marketplace changes. Where a change adds a material obligation to you, it arrives as a new version of this agreement for you to accept.

You warrant that you own, or hold a licence sufficient to use, every photograph, description, video, logo, trademark, and other material you put on Klatchit — including anything imported in bulk from a spreadsheet, a feed, or another marketplace. Copying another seller's or a brand's images or copy without permission is not made lawful by the fact that a tool moved it for you.

You grant Klatchit a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt for display, and distribute that material in order to operate, secure, and promote the marketplace. The licence ends when the material comes down, except for copies retained in backups, enforcement records, and legal-hold material, which are kept for as long as the Privacy Notice says.

Your listings must be accurate: the right product, the right condition, the right quantity, and no claim the product is not entitled to make.

You warrant that every item you offer is genuine — made by, or under licence from, the brand it is presented as — and that it is materially unaltered from what that brand released. Counterfeits, replicas, unauthorized reproductions, and goods bearing a mark you have no right to use are prohibited outright, and a counterfeit finding is the most serious result on the Intellectual Property Policy.

Authorization for this market is your responsibility. Genuine goods can still be infringing when they were diverted outside the rights holder's authorized channel and differ materially from what that holder authorized for the United States — a different warranty, a different formulation, missing or foreign-language safety labelling, or region-specific packaging. You are responsible for establishing that you may lawfully sell the goods you list into this market, and for disclosing any material difference on the listing. Klatchit does not do that diligence for you.

If asked, you will produce records showing where the goods came from — invoices, purchase orders, or an authorization letter — within a reasonable time. Not being able to is itself a factor in how a claim against the listing is decided.

You will not remove, obscure, deface, or relabel a manufacturer's lot code, date code, serial number, or safety labelling, and you will not list expired goods. Where a category requires it, the expiry date must be disclosed on the listing and the lot code affirmed intact before the offer can go live. This restates the Product integrity & lot codes term of the Conditions of Use and is enforced under the Intellectual Property Policy.

A lot code is how a recall reaches the units it has to reach. If you learn that something you have sold is subject to a recall or a safety notice, stop selling it, tell Klatchit, and cooperate with whatever the manufacturer or the regulator requires.

You are responsible for complying with every law that applies to what you sell and how you sell it. In particular:

• INFORM Consumers Act. You will give Klatchit accurate seller-identity information — legal name, business address, contact details, and a bank or tax identifier where required — keep it current, and certify that it is current when Klatchit asks, within the statutory deadline. If you become a high-volume seller, that identity information is published on your storefront and shown to buyers in their order details, as the statute requires, and Klatchit will also make a reporting mechanism available to consumers. Failing to provide it, or providing false information, can suspend your selling privileges.
• Product safety. You will not list goods that are recalled, banned, or restricted from sale, and you will meet the labelling and warning requirements for your categories.
• Sanctions and export control. You will not transact with sanctioned parties or ship where you are not permitted to ship.
• Tax. You are responsible for your own tax registration, reporting, and payment. Where Klatchit is required to collect and remit sales tax as a marketplace facilitator, it does so for the transactions the law covers; that does not make Klatchit responsible for any other tax arising from your business.

You are the merchant of record for your sales. Payments are processed through your connected Stripe account under Stripe's own terms, and payouts go to the bank account you connect. Klatchit's commission, advertising, and fulfilment fees are billed as described on the fees and payouts pages.

Your store name becomes a card-statement line. A charge from your store renders on a buyer's statement as KLATCHIT* YOUR STORE, built from your store name. You must use a store name a buyer will recognise as the business they bought from — not an initialism, a holding-company name, or anything designed to be hard to place. An unrecognisable line is the leading cause of “I don't know this charge” chargebacks, and those chargebacks, their fees, and the refunds behind them are yours.

You will respond to buyer inquiries about a charge promptly, and you will not ask a buyer to pay outside the marketplace.

Klatchit operates a notice-and-takedown process and a strike system. By selling here you agree that Klatchit may, acting in good faith and in accordance with its published policies:

• remove, hide, or restrict any listing, image, or other content of yours;
• record a violation against your store and apply the corresponding strike;
• warn, restrict, suspend, or close your store, and withhold payouts during an investigation where there is a real risk of loss;
• share the information a notice or a counter-notice requires it to share, as described in “If you think a decision is wrong” and in the Privacy Notice.

You will not bring a claim against Klatchit for taking any of those actions in good faith under the published policy. The remedy for a decision you believe is wrong is the process in “If you think a decision is wrong” — not litigation against the venue. This does not stop you pursuing whoever filed a false notice against you; the law provides for that, and Klatchit's own records of the notice are available to you.

Klatchit terminates the accounts of repeat infringers. The conduct that counts, the points each finding carries, and the exact thresholds at which a store is warned, suspended, or closed are set out in the Intellectual Property Policy, which is incorporated into this agreement and which renders those numbers live from the settings the enforcement system runs on. They are deliberately not restated here: one published copy, and it is the one being enforced.

A strike stops counting 365 days after it is issued, and a strike keeps the window it was issued under. A strike revoked on appeal or on a successful dispute stops counting immediately.

Opening another account to carry on selling after an enforcement action is itself a violation, and both accounts are closed.

Every removal tells you which claim caused it. For a copyright removal you may file a counter-notice under 17 U.S.C. §512(g) from your IP notices page. A counter-notice is a sworn statement: it is made under penalty of perjury, it consents to jurisdiction, and it gives the claimant a physical address to serve papers at — all of which Klatchit is required to forward to them. If the claimant does not tell Klatchit within 14 days that they have gone to court, the listing is restored.

For the other claim types there is no statutory clock, but the dispute is reviewed the same way, and an upheld dispute revokes the strike. An action against the store as a whole is appealed from Account health.

Filing a counter-notice you know to be false has consequences of its own under the same statute, and a pattern of them is treated as abuse of the process.

You set your own prices. Klatchit does not enforce minimum advertised price: MAP is a commercial arrangement between a brand and its distributors, it is not an intellectual-property right, and an IP notice whose only complaint is a price will be declined. Nothing in this agreement requires you to charge, or not charge, any particular price, on Klatchit or anywhere else.

Use of the seller API is governed by the developer documentation and its rate limits. Keys are yours to protect and must not be shared or resold. Do not scrape the marketplace or collect other stores' data outside the published endpoints.

Buyer data you receive — names, addresses, contact details — is for fulfilling and supporting that order and meeting your legal obligations, nothing else. You may not use it for your own marketing, sell it, or move it to another platform, and you will keep it secure and delete it when you no longer have a lawful reason to hold it.

You will indemnify, defend, and hold harmless Klatchit and its affiliates, officers, employees, and agents against any claim, demand, investigation, loss, liability, penalty, or expense — including reasonable legal fees — arising out of:

• intellectual property — any allegation that your listings, content, or goods infringe someone's copyright, trademark, patent, or other right;
• product liability — any injury, illness, or damage caused by goods you sold, including a recall or a regulatory action about them;
• tax — any tax, duty, interest, or penalty assessed on your sales other than what Klatchit is required to collect and remit as a marketplace facilitator;
• your breach of this agreement, of an incorporated policy, or of the law, and the conduct of anyone you give access to your store.

Klatchit will notify you promptly of a claim it wants covered, and will not settle it without your consent, which you will not unreasonably withhold. Klatchit may take over the defence of a claim that affects the marketplace generally, at your cost.

Klatchit provides the marketplace as is. It does not promise any level of sales, traffic, search placement, or uptime, and it disclaims all implied warranties to the extent the law allows.

Klatchit is not liable to you for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost sales, or lost data. Its total liability to you for any claim connected with the marketplace is limited to the commission Klatchit earned from your store in the three months before the claim arose. Nothing here excludes liability that cannot lawfully be excluded.

You may stop selling and close your store at any time. Klatchit may suspend or close your store for breach of this agreement or an incorporated policy, for conduct that puts buyers or the marketplace at risk, or where the law requires it.

Closing does not release you from orders already placed: you will fulfil them or refund them, and returns and chargebacks on past orders remain yours. Payouts continue on the ordinary schedule, less amounts Klatchit is entitled to withhold for refunds, chargebacks, and fees.

A store closed under the repeat-infringer policy is not reopened. There is no reinstatement route out of that closure, and applying again is a new application, decided on its own merits with the closure on the record — not an appeal, and not a route back. Opening or operating another account to get around the closure is a violation in itself.

Clauses that by their nature should outlast the store — your warranties, your indemnity, the liability limits, and anything you already owed — survive termination.

Klatchit may issue a new version of this agreement. Each version has a date, and the version you accepted is recorded against your store. When a new version adds a material obligation, you will be asked to accept it from your seller dashboard, and Klatchit may require acceptance before you continue selling.

You are an independent business. Nothing here creates a partnership, joint venture, agency, or employment relationship, and neither party may bind the other. Klatchit may assign this agreement to an affiliate or in connection with a sale of its business; you may not assign it without Klatchit's consent.

Notices go to the email address on your seller account, so keep it current. If any part of this agreement is unenforceable, the rest still stands. Not enforcing a term once does not waive it. This agreement, with the documents it incorporates, is the whole of what is agreed about selling on Klatchit.

Governing law, venue, and dispute resolution: to be settled with counsel before this agreement is finalized. Until then, no forum, choice of law, arbitration term, or class-action waiver is asserted, and nothing in this agreement waives a right you have to bring a claim where the law says you may bring it.