Store Terms and Conditions

By opening or using AllGoods store service, you confirm your understanding and agreement of the Store Terms and Conditions. These Terms and Conditions are in addition to AllGoods’ General Terms and Conditions.                                         

We reserve the right to change, modify, add, or remove portions of these Store Terms and Conditions of use at any time. Changes will be effective when posted on the site, with no other notice provided. Please check these Terms and Conditions of use regularly for updates. You are responsible for ensuring that you are familiar with the latest terms and conditions. Your continued use of the AllGoods’ Store service following the posting of changes to these Terms and Conditions of use represents your acceptance of those changes.

Unless the context requires otherwise, the following expressions shall have the following meanings in these terms of use.

  • “Auction” are listings by users in which the item sold is won by the highest bidder.
  • “Buyers” are users that bid on or buy an item or product listed on our site.
  • “Sellers” are users that list auctions or products on our site.
  • “Store Owners” are users that use AllGoods store services to sell products.
  • “Your Content” is any content you post using our services.
  • “Product” means items listed by an AllGoods store.
  • “Services” means one or more services AllGoods provide, including stores and auctions.
  • “We”, “us” and “our” means company ALLGOODS GROUP LIMITED (6215996).
  • “Writing” includes electronic mail, facsimile transmission and any comparable means of communication.

 

1. Fees

  1. AllGoods charge the following fees for using the Store Services and access to its benefits: monthly subscription fees of $4 including GST and a 2% success fee for all products sold.

  2. Stripe, AllGoods' payment processor, charges a 2.9% success fee and a $0.30 charge for credit or debit card transaction.

  3. Payments from customers will be deposited to your AllGoods Payment account. For payouts under $25, a 25c withdrawal fee will be charged. For payouts $25 and over, no withdrawal fee will be charged. This is to deter very small withdrawals.

  4. Subscription Fees are paid in advance and will be billed at monthly intervals (each such date will be termed a “Billing Date”). You will be charged on each Billing Date for all outstanding fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of subscription fees.

  5. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

 

2. General

  1. The user who opens the store is referred to as the 'store manager'. The store manager may, in future, nominate other users to be managers, and they can access the storefront and make changes.

  2. The store manager is responsible for ensuring that the store complies with AllGoods’ rules and regulations.

  3. The store manager is responsible for ensuring that the store complies with New Zealand law. This includes, without limitation, the Consumer Guarantees Act 1993, Fair Trading Act 1986, and Sale of Goods Act 1994.

  4. The store manager is responsible for ensuring that the products sold by the store meet any related safety standards.

  5. AllGoods reserve the right to remove or decline to display content in your AllGoods store if we believe it is likely to negatively affect AllGood’s website or brand, or other users' experience on AllGoods.

 

3. Intellectual Property

  1. You are solely responsible for your content, ensuring you have the rights to it and that you’re not infringing on any third party’s rights. We have the right to remove your content if we deem it to be infringing on another person’s intellectual property

  2. By uploading your content onto AllGoods, you signify your agreement to give us the right to use it. We do not claim ownership of your content, but may use it.

 

4. Store Status

  1. When registering your store, you will have the opportunity to register for a Gold or Silver Store. This system is put in place to encourage a high level of customer service and cannot be purchased.

  2. To maintain a Gold or Silver Store status,  your store will have to comply with the requirements as described in the Store Status Policy.

  3. If you decide that you are unable to comply with the requirements laid out, you must downgrade your store.

  4. AllGoods may regulate your store and reserves the right to downgrade your store status if we believe that your store is not compliant. In any such case, you will be notified and we will lay out the terms for you to upgrade your seller status.

 

5. Store Termination and Closure

  1. You may close your store at any time by emailing AllGoods at support@allgoods.co.nz and then following the instructions specified to you.

  2. Upon cancelling your subscription, your store account will only close at the end of the billing period. After your store account closes, you will no longer be able to access your account.

  3. You will be required to complete any ongoing trades with your buyers in a timely manner.

  4. We reserve the right to suspend or terminate your store account if you are found breaching AllGoods Policies, Terms & Conditions or any other reason as per our discretion.

  5. In any such case, you will be notified of the nature of your suspension and we may lay out the terms for your store account to be reinstated. We will not reduce or negate your fees, or be liable for any effect the store suspension will have on you.

 

6. Warranties and Limitations of Liability

AllGoods is dedicated to providing the best service possible. However, we do not warrant that our service will be (i) uninterrupted, (ii) timely, (iii)secure or free from any virus or other harmful material, (iv) free from error or defects. Any interaction using our service, including buying, selling and contact between you and another member, is conducted at your own risk.

AllGoods shall not be liable for any direct or indirect damages, including but not limited to; damages for loss of profits, goodwill, data or other intangible losses resulting from the use or inability to use our service.

AllGoods does not manufacture or inspect any of the items sold through our services. The items listed on our marketplaces are sold directly by independent sellers, and AllGoods does not make any guarantee of their quality, safety or genuity.  Any legal claim related to an item purchased on AllGoods must be brought against the seller, be it a user or a store. You release AllGoods from any claims related to items sold through our services.

AllGoods is not responsible for the content posted by other users and store owners on our site. AllGoods do not make guarantees on the accuracy, copyright compliance, legality or decency of the content posted by users and store owners. You release us from liability relating to that content.

We solely provide the service allowing you interact with other members but will not be responsible for any consequence that may occur relating to your interactions with other members, either online or in person. You release us from all liability relating to your interaction with other users.

 

7. Indemnity

You agree to defend and indemnify AllGoods (and our employees) against any legal actions, claims, costs, losses, demands or damages that arise from your actions, use or misuse of our services, your breach of our Terms and Conditions and Policies, or your infringement of someone else’s rights.

 

8. General Provisions

The headings in these Conditions are for convenience only, and shall not affect the interpretation of any parties.

Resolution of disputes

In the event of a dispute, you agree to release AllGoods (and our employees and affiliates) from all claims, demands, costs and damages that may arise. You agree to not involve AllGoods in the dispute or resolution of the dispute.

 

Force Majeure

AllGoods will not be held liable for any delay, unavailability, lack of performance or failure of the services or the website resulting from causes beyond our reasonable control and/or acts of nature. This includes, without limitation: , (i) explosion, flood, tempest, fire or accident, (ii) war or threat of war, sabotage, insurrection, civil disturbance or requisition (iii) acts of restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority (iv) import or export regulations or embargoes (v) interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (vi) internet or power failure.

 

No Waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. We maintain our right to act with respect to subsequent or similar breaches.

 

Partial Invalidity

If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

 

Governing Law

These terms and conditions are to be construed in accordance with the laws of New Zealand. In the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the New Zealand court.

 

Notices

Legal notices or demands to AllGoods shall be made in writing and sent to AllGoods in person, or by mail to the following address: Unit 5, 297 Maskells Road, Balcairn, Amberley, 7481, New Zealand. The notices shall be effective when they are received by AllGoods in the above manner.

Legal notices to another member shall be made in writing and sent by AllGoods to the last known correspondence or email address provided by the member to AllGoods. The notice to the member shall be deemed to be received when AllGoods is able to demonstrate that mentioned form of communication has been sent to the member.

 

Intellectual Property Rights

AllGoods owns the proprietary and intellectual property rights on our website, the software, and other material underlying and forming part of the service and website. This includes, but is not limited to text, graphics, logos, icons, video and audio recordings. Any unauthorized copying, modification, use or publication is strictly prohibited.





 

Categorized under Help Desk, Policies & TC's