Seller Agreement
1. Becoming a seller
To sell, you must be approved by us and complete onboarding with our payments processor, Stripe. As part of onboarding you must review and accept the Stripe Connected Account Agreement, and you authorize us to create and manage a connected payments account on your behalf. We may decline, suspend, or remove any shop or listing that doesn't fit a curated, local marketplace.
2. Commission & payouts
- You agree to a flat 8% commission on the sale price of each item sold.
- We charge the buyer for the full order (item price, applicable delivery fee, and sales tax) and pay you your share โ the item price minus our commission โ by transfer to your connected Stripe account.
- Payments are processed by Stripe and are subject to standard payment-processing fees. Payouts may be delayed, batched, or tied to order fulfillment.
- You are responsible for your own business licensing, permits, and income taxes. Sales tax collected at checkout is remitted by us as the marketplace facilitator (see ยง7).
3. Refunds, returns & buyer protection
- Orders are an agreement between you and the buyer; you set your fulfillment, return, and cancellation policies within the bounds of this agreement and applicable law.
- We operate a buyer-protection program covering orders that don't arrive, are not as described, or are defective. When a claim is valid, the buyer is entitled to a refund.
- You bear the cost of refunds and returns for your items, including the item price, any delivery fee, and the related sales tax, except where the issue was caused solely by us.
4. Platform-initiated ("forced") refunds
You authorize us to issue a refund to a buyer without your prior approval and to recover the refunded amount from you (see ยง5) when, in our reasonable judgment, any of the following applies:
- The item was not delivered, was materially not as described, was defective, or was unsafe, counterfeit, recalled, or unlawful.
- You fail to fulfill an accepted order within your stated window, or fail to respond to a buyer claim within the time we specify.
- The order was fraudulent, unauthorized, or violated this agreement, our Terms, or applicable law.
- We are required to refund the buyer by law, by a card network, or by Stripe.
We will refund only the amount reasonably necessary to resolve the issue (full or partial) and will keep records available to you.
5. Recoupment, setoff & reversals
To recover refunds, chargebacks, fees, fines, penalties, overpayments, or any other amount you owe us, you authorize us (and our processor) to do any of the following, in any order, until the amount is recovered:
- Reverse a transfer we previously made to your connected account, returning those funds to us;
- Set off and deduct the amount from current or future payouts owed to you;
- Debit your connected account balance, and where your balance is insufficient, allow the account to carry a negative balance that Stripe recovers from your future sales or by debiting the bank account or card you have linked, as permitted by the Stripe Connected Account Agreement; and
- Invoice you directly for any shortfall, which is due on receipt.
If we cannot recover the full amount through the above, the unpaid balance is a debt you owe us and you remain responsible for it, together with reasonable costs of collection.
5a. Refund handling fee
When an order is refunded, a refund handling fee applies, equal to the greater of 4% of the refunded amount or our actual non-recoverable payment-processing cost (our payment processor does not return its processing fee on refunds). Who bears the fee depends on the cause of the refund:
- Attributable to you (item not as described, not delivered, defective, or otherwise your responsibility): the fee is owed by you and set off from your payouts, carried against future sales if necessary.
- Buyer's decision or failure to collect (buyer's remorse, or a no-show at pickup): the fee is deducted from the buyer's refund.
- Our error: we absorb the fee and the buyer is refunded in full.
This fee is in addition to unwinding the refunded sale, and is separate from any no-show fee you set for uncollected pickups (which you keep).
6. Reserves & payout holds
To manage refund, chargeback, and fraud risk, we may hold a rolling reserve, delay a payout, or cap payout velocity for your account โ for example, for new sellers, unusually large orders, elevated dispute rates, or suspected policy violations. We will release reserved funds once the associated risk period has passed.
7. Chargebacks & disputes
If a buyer disputes a charge with their bank or card network, you are responsible for the disputed amount and any associated dispute or network fees, recoverable through the methods in ยง5. You agree to cooperate promptly and provide evidence (fulfillment records, tracking, communications) to help resolve disputes.
8. Taxes
As the marketplace facilitator, we calculate, collect, and remit Florida state and county sales tax on taxable sales. Refunds adjust the tax accordingly. You are responsible for all other taxes, including income tax on your earnings.
9. Your obligations
- Accurate listings, pricing, and inventory; honoring the pickup/delivery terms you publish.
- Selling only goods you may lawfully sell, holding any required licenses, and complying with product-safety and labeling laws.
- No prohibited items (illegal, recalled, unsafe, counterfeit, or regulated goods you aren't licensed to sell), and no fraud or abuse.
10. Suspension & termination
You may stop selling at any time, subject to fulfilling open orders and to our recovery rights in ยง5, which survive termination along with any reserve. We may suspend or remove your shop for violations of this agreement, our Terms, or the law. Amounts already owed remain payable after termination.
11. Content, listings & photographs
You are solely responsible for everything you publish โ product titles, descriptions, prices, and every photograph or image you upload. You represent and warrant that you own or have all rights and licenses necessary to use that content, that it accurately depicts the item offered, and that it does not infringe any copyright, trademark, publicity, or privacy right and does not violate any law. You grant us a non-exclusive, royalty-free license to host and display your content to operate and promote the marketplace, and you authorize us to hide or remove any listing or image โ including any item flagged by more than two distinct members, which is automatically hidden pending our review.
12. Liability allocation & indemnification
As between you and us, you are responsible for the goods you sell, the content and photographs you post, and for claims arising from them. You agree to defend, indemnify, and hold harmless Makers Nearby, its owners, officers, employees, and agents from and against any claims, losses, liabilities, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the products you list or sell; (b) any photograph, description, or other content you submit that infringes a third party's rights, is defamatory or unlawful, or otherwise violates any law; (c) your breach of this agreement, our Terms, or applicable law; or (d) the taxes, licenses, or permits that are your responsibility. This obligation survives termination. Our overall liability is limited as described in our Terms of Service.
13. Governing law & changes
This agreement is governed by the laws of the State of Florida. We may update it as the marketplace evolves; continued selling after an update means you accept the revised terms. Questions? Email support@makersnearby.com.