Welcome to Cay Collective (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our online marketplace platform (the “Marketplace”). By accessing or using the Marketplace, you (“Seller,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to all the Terms, please do not use the Marketplace.
1. Acceptance of Terms
By registering as a Seller on the Marketplace, you agree to comply with and be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
2. Definitions
Buyer: A user who purchases products listed by Sellers on the Marketplace.
Seller: A user who lists and sells products on the Marketplace.
User: Any individual or entity using the Marketplace, including both Buyers and Sellers.
Products: Self-manufactured items that Sellers list for sale on the Marketplace.
3. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract.
By registering, you represent and warrant that all information you provide is accurate and complete.
4. Seller Obligations
4.1 Product Listings
Accuracy: All product descriptions, images, and other content must be accurate, complete, and not misleading.
Compliance: Products must comply with all applicable laws, regulations, and Marketplace policies.
Exclusivity for Single-Unit Products: Products manufactured in a single unit are intended solely for sale via the Marketplace unless otherwise agreed in writing. Sellers may terminate this exclusivity by providing a 5-business-day written notice.
Products Launch: At the initial launch, and at the initial launch only, the Seller must list a minimum of 5 Products unless otherwise agreed.
4.2 Shipping and Fulfillment
Timely Shipping: Products must be shipped within 3 days of the Buyer’s purchase or within the timeframe specified in the product description.
Packaging: Products must be packaged securely to prevent damage during transit.
Shipping Responsibility: Sellers are responsible for shipping the product to the Buyer and bear the risk of loss or damaged products until delivery. Unless otherwise is agreed.
Lost or Damaged Items: Sellers are responsible for any items lost or damaged during shipping and must cover the costs associated with such incidents.
4.3 Returns and Refunds
Notification of Delays: If unable to ship within the specified timeframe, Sellers must inform the Marketplace immediately. A delay fee may apply.
Responsibility: Sellers are responsible for receiving and managing returns if contacted by the Buyer. In the case of Posters through our printing partner, the Seller is liable for the cost of the Product regardless of whether the Buyer initiates a return.
4.4 Legal Compliance
Laws and Regulations: Sellers must comply with all local, national, and international laws and regulations relevant to the sale of their products.
Taxes: Sellers are responsible for determining and paying any taxes applicable to their sales.
5. Fees and Payments
5.1 Commission and Fees
Commission Rate: The Marketplace charges a commission of 25% of the selling price plus applicable VAT.
Payment Processing: The Marketplace acts as an intermediary for payments between Buyers and Sellers.
Additional fee: An additional payout fee for administration of 19 SEK will be charged on each payout basis, issued once per month.
5.2 Payouts
Payment Schedule: Sales revenue, minus our commission and any applicable fees, will be paid out to Sellers on the 25th day of the month following the month of the sale. If the 25th falls on a weekend or a public holiday, payment will be made on the next working day.
Adjustments for Returns: In the case of returns or refunds, the payout amount will be adjusted accordingly in the next payout cycle.
6. Printing - Posters Only
Printing Partner: If a Seller lists posters or prints on the Marketplace, the Products must be processed through the printing partner that Cay Collective collaborates with. For more information about the process, the Seller should contact hello@caycollective.com. Unless otherwise agreed.
Printing Costs: The cost of printing will be deducted from the Seller’s payout.
Returns: In the event of a return, the Seller remains responsible for the printing cost.
7. License to Use Content
Marketing Rights: Sellers grant the Marketplace a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display product images, descriptions, and related content for marketing and promotional purposes.
Seller Representations: Sellers represent and warrant that they own or have the necessary rights to the content provided and that such content does not infringe any third-party rights.
Seller Representations: Sellers represent and warrant that they own or have the necessary rights to the content provided and that such content does not infringe any third-party rights.
8. Intellectual Property Rights
Ownership: Sellers keep all rights to their content.
License to Use Content: By listing Products on the Marketplace, Sellers grant Cay Collective a worldwide, royalty-free license to use their content. This includes product images, descriptions, and other materials for marketing and promotional purposes.
Paid Promotions: Sellers agree that Cay Collective can use any of their social media posts from the Seller's own accounts related to Cay Collective, including but not limited to posts featuring Sellers, their content, or Products, in paid promotions. This includes TikTok Spark Ads and other paid promotional tools on platforms like Facebook, Instagram, Snapchat, and more. Sellers may need to provide necessary information, settings, and permissions required by these platforms to enable such paid promotions.
Prohibited Actions: Users cannot violate the intellectual property rights of Cay Collective or other Users.
9. Marketing and Promotion
Seller Promotion: Sellers agree to reference the Marketplace on their social media profiles and other promotional channels. Unless otherwise is agreed.
Marketplace Promotion: The Marketplace may feature Sellers and their products in marketing materials without additional compensation.
10. Data Protection
Compliance with Laws: Sellers must comply with all applicable data protection laws, including GDPR.
Use of Customer Data: Customer information may only be used for fulfilling orders and must not be shared or used for unauthorized purposes.
11. Term and Termination
11.1 Term
This agreement remains in effect until terminated by either party in accordance with these Terms.
11.2 Termination by Seller
Sellers may terminate their account by providing a 30-day written notice to the Marketplace.
11.3 Termination by Marketplace
The Marketplace may suspend or terminate a Seller’s account immediately for violations of these Terms or any applicable law.
The Marketplace also reserves the right to remove or terminate any Seller account for misconduct or behavior deemed detrimental to the Marketplace or its Users.
11.4 Effects of Termination
Upon termination, Sellers must fulfill any outstanding orders.
The Marketplace will pay out any remaining funds owed to the Seller after deducting applicable fees and charges.
12. Limitation of Liability
No Indirect Damages: The Marketplace is not liable for any indirect, incidental, or consequential damages.
13. Indemnification
Sellers agree to indemnify, defend, and hold harmless the Marketplace from any claims, liabilities, damages, or expenses arising from their breach of these Terms or violation of any law or the rights of a third party.
14. Dispute Resolution
Negotiation: Parties agree to attempt to resolve disputes informally before initiating legal action.
Governing Law: These Terms are governed by the laws of Sweden, without regard to conflict of laws principles.
Jurisdiction: Any legal proceedings must be brought in the courts located in Sweden.
15. Modifications to Terms
Right to Modify: The Marketplace reserves the right to modify these Terms at any time.
Notice of Changes: Sellers will be notified of significant changes via email or through the Marketplace.
Acceptance of Changes: Continued use of the Marketplace after changes constitutes acceptance of the new Terms.
16. Force Majeure
Neither party is liable for failure or delay in performance caused by circumstances beyond their reasonable control, including natural disasters, war, or governmental actions.
17. Miscellaneous
17.1 Entire Agreement
These Terms constitute the entire agreement between the parties regarding the subject matter and supersede all prior agreements.
17.2 Severability
If any provision is found to be unenforceable, the remaining provisions will remain in effect.
17.3 No Waiver
Failure to enforce any provision does not constitute a waiver of that provision.
17.4 Assignment
Sellers may not assign their rights or obligations without the prior written consent of the Marketplace.
18. Notices
Method of Notice: All notices must be in writing and sent to the parties at their registered email addresses.
Receipt of Notice: Notices through email are considered received 24 hours after an email is sent, unless the sending party is notified that the email address is invalid.
19. Prohibited Activities
Illegal Products: Sellers may not list products that are illegal, hazardous, or violate any laws.
User Conduct: Sellers must not engage in fraudulent activities, harassment, or any behavior that harms the Marketplace or its Users.
20. Compliance with Laws
Sellers are responsible for complying with all applicable laws, regulations, and standards related to their products and business practices.
21. Contact Information
For questions or concerns regarding these Terms, please contact us at:
Email: hello@caycollective.com
Address: Sveavägen, Stockholm
Acknowledgment
By registering as a Seller and using the Marketplace, you acknowledge that you have read, understood, and agree to be bound by these Terms.