Seller Agreement

Last updated on June 27, 2016

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Seller Agreement

Buyer Agreement

Purity Seller Agreement

This Seller Agreement (“Agreement”) is a legal agreement between you (“you,” “your”) and Cookee Inc.

Cookee Inc., a Delaware corporation provides Purity – the online platform for art and design students to share their projects, sell their creations, and connect with other creatives around the world located at www.purity.co. We will refer to any or all of this as the “Service.”

Purity acts as a venue/middle man to allow users who comply with Purity’s policies to offer, sell, and buy jewelry, sculptures, photography, paintings, drawings and illustrations, prints, mixed media and collage, glass art, fiber art, fine art ceramics, furniture, apparel, accessories, toys and other art and design objects. Purity is not directly involved in the transaction between buyers and sellers. As a result, Purity has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell on Purity. Purity does not pre-screen users or the content or information provided by users. Purity cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Purity does not transfer legal ownership of items from the seller to the buyer. Purity cannot guarantee the true identity, age, and nationality of a user or seller. Purity encourages you to communicate directly with potential transaction partners through the tools available on Purity’s website.

Representation and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) or older; (b) you are eligible to register and use Purity and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (e) you will not use Purity, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of Purity; and (f) your use of Purity will be in accordance with this Agreement.

Individuals under the age of eighteen (18) can only sell on Purity within a shop that their parent or legal guardian manages.

Listing and Selling

Transparency: Honesty and trust is important to Purity and our community. We ask that members maintain a transparent store and represent themselves and their work accurately.

Listing Description: By listing an item for sale you warrant that you and all aspects of the item comply with Purity’s Terms, Seller Guidelines and Submission Guidelines. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your description. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Each listing must accurately and completely describe the item/items for sale in that listing. You may not misrepresent the item’s location or use another user’s account without permission.

Seller Policies: All sellers are urged to outline their policies in the product listing description. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. Your policies must comply with Purity’s site-wide policies. Sellers are responsible for enforcing their own reasonable policies, however Purity reserves the right to request that sellers modify their policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Price and Handling Fees: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. These fees must be included in the total price. Sellers are urged not to charge excessive handling fees.

Copyright in Images: From the time you take a photo it is automatically protected by copyright. Purity will not be responsible for the misuse of the images by third parties. Purity has no authority or obligation to pursue legal action against any alleged infringer of any rights in and to any images.

Removing a Listing: Purity may remove an item for sale for failure to comply with Purity’s Terms, Submission Guidelines or for any legal reasons.

Third Party Payment Processor: We have partnered with Stripe, Inc., our third party payment processor to provide you the easiest way to accept credit and debit cards and sell your products on Purity. To start using Stripe for credit card processing on Purity you need to connect your Stripe account. Stripe Connect allows Purity to help you easily and securely connect your existing Stripe account or create a new one in just a couple of clicks.

Stripe Connect lets platform providers like Purity enable customers to use Stripe for accepting payments and lets Purity manage certain aspects of customers’ Stripe accounts, including initiating charges or refunds and other functions available through Stripe Connect. For more information about Stripe Connect please visit: https://stripe.com/connect

Payment service is governed solely by Stripe, Inc. By connecting your existing Stripe account or creating a new one, you agree to be bound by Stripe, Inc. Terms of Service https://stripe.com/terms, Privacy Policy https://stripe.com/privacy and Stripe Connected Account Agreement https://stripe.com/connect/account-terms

We are not responsible for the actions of the third party payment service provider.

Purity Fees: You agree to pay Purity the applicable fees listed on our Fee Schedule (“Fees”) for use of the Services. When you make a sale through Purity, you will be charged a transaction fee of 20% of the item price. Subject to the terms of this Agreement, we reserve the right to change our Fees. You must agree to the change in Fees to continue to use the Services. To withdraw your consent, you must revoke access/disconnect your Stripe account from ours in Settings or by using the Stripe admin panel on the Stripe website (www.stripe.com)

Furthermore, you may not list any item on Purity (or consummate any transaction that was initiated using Purity’s service) that, by paying to Purity the commission or transaction fee, could cause Purity to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Taxes: You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our services. You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. Purity specifically disclaims any liability for Taxes. For sales tax in particular, it’s important to remember that sales tax rules vary by region. We recommend checking with a local accountant or government to understand what, if any, taxes you’re obligated to pay (e.g., based on the zip or postal code).

Customer Service: You are solely responsible for all customer service policies and issues relating to your goods or services, including pricing, order fulfillment, cancellations or no shows by you or a Buyer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from Purity.

Privacy of Others: As part of a transaction, you may obtain personal information, including email address and shipping information, from another Purity user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Purity-related communications. Purity has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Purity user to your email or physical mail list.

Prohibited Activities

You are solely responsible for your conduct and activities on and relating to Purity and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Purity.

Restricted Activities: Your Content and your use of Purity shall not:

1. Be false, inaccurate or misleading

2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items

3. Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy

4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Purity staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

7. Be obscene or contain pornography

8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

9. Post photos or goods that do not comply with Purity submission rules

10. Link directly or indirectly, reference or contain information about goods or services offered external to Purity

11. Modify, adapt or hack Purity or modify another website so as to falsely imply that it is associated with Purity

12. Appear to create liability for Purity or cause Purity to lose (in whole or in part) the services of Purity’s ISPs or other suppliers

13. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Purity

No Agency

You and Purity are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Your Privacy

Your privacy is very important to Purity. Upon acceptance of this Agreement you confirm that you have read, understood and accepted Purity’s Privacy Policy.

Acceptance

By using or visiting Purity, you signify your assent to the Purity Terms of Service, Purity Seller Agreement, Purity Guidelines and our Privacy Policy. If you do not agree to any of these terms, then please refrain from visiting Purity or becoming a member of our community.


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