Vendor Agreement

OpShop.Kiwi Vendor
Terms & Conditions Agreement

This document outlines the essential terms and conditions ("T&Cs") for Vendors who list and sell products on the OpShop.Kiwi website. These rules exist to protect customers, protect Vendors, and ensure a high-quality, legally compliant, consistent shopping experience across the platform.

1. Definitions and Interpretation

For the purpose of these T&Cs:

• Platform / OpShop.Kiwi: The managed marketplace and listing service provider.
• Vendor: The commercial entity, registered business, professional dealer, or established charitable organisation listing goods for sale.
• Charity/NFP: An organisation formally registered as a charity with the New Zealand Charities Commission (or an equivalent recognised foreign body).
• Goods: The second-hand, vintage, pre-owned, upcycled, reclaimed, or curated goods listed by the Vendor.
• Commission: The fee charged by the Platform to the Vendor, deducted per sale transaction (applied to Item Price only).
• Item Price: The sale price of the product (excluding any shipping/delivery charge).
• Shipping Fee: The fixed-price charge collected from the Customer by the Platform on behalf of the Vendor to cover delivery costs.
• Founding Vendor: A Vendor approved during the OpShop.Kiwi BETA phase and deemed eligible for the Founding Vendor promotional commission.

2. Vendor Warranties, Licensing, and Indemnity (NZ Law)

2.1 Warranty of Authority and Title

The Vendor warrants they are the legal owner of the Goods listed and possess the full right and authority to sell them, free from any encumbrances, liens, or third-party claims.

2.2 Sole Responsibility for Legal Compliance

The Vendor warrants they are solely responsible for ensuring that all Goods listed and their participation in the service comply with all applicable New Zealand legislation, including (where relevant):

• The Secondhand Dealers and Pawnbrokers Act 2004.
• The Fair Trading Act 1986 (FTA).
• The Consumer Guarantees Act 1993 (CGA).

2.3 Licensing and Registration

The Vendor is responsible for obtaining and maintaining (at their own expense) all necessary registrations, licences, or permits required by law to conduct their sale of Goods through the Platform. The Vendor acknowledges OpShop.Kiwi relies on this warranty and will not verify, and is not liable for, the Vendor’s compliance status.

2.4 Indemnity

The Vendor agrees to indemnify and hold harmless OpShop.Kiwi against any and all claims, demands, losses, liabilities, costs, or expenses (including legal fees on a solicitor/client basis) arising out of or in connection with the Vendor’s breach of any warranty in this Section 2, or any claim made by a customer due to the Vendor’s failure to comply with NZ consumer law.

3. Commission Structure and Payments

There is no cost to register an account or to list items for sale. Commission is payable only when an item is sold.

Commission is deducted per sale transaction and is calculated on the Item Price only. Commission does not apply to the Shipping Fee, which is charged separately to the customer (see Section 4).

3.1 Standard Tiered Commission Rates (Tier A / Tier B / Tier C)

OpShop.Kiwi uses a structured commission model based on (a) the Vendor’s service tier and (b) the Vendor’s monthly sales volume. The Vendor’s service tier determines whether OpShop.Kiwi provides Self-Service access (Tier A), Hybrid Support (Tier B), or Full Concierge service (Tier C).

Monthly Sales Volume Required (NZD)	Commission Tier A Self-Service	Commission Tier B Hybrid Support	Commission Tier C Full Concierge
$0.00 – $1,000.00 (Default New Store Rate)	13%	33%	43%
$1,000.01 – $5,000.00	10%	30%	40%
$5,000.01 and above	7%	27%	37%

3.1.A Standard Tier Review Policy

• Monthly Review: Standard commission rates are reviewed monthly, based on completed sales in the previous calendar month.
• Rate Application: If the Vendor’s sales volume in the previous month exceeds a threshold, the corresponding lower standard rate applies to sales in the following month (within the Vendor’s service tier).
• Example: If Tier A sales total $5,500 in March, the Tier A commission rate for April will be 7%.

3.2 Service Tier Definitions (A / B / C)

• Tier A – Self-Service: Vendor manages listings, photography, descriptions, pricing, and inventory management.
• Tier B – Hybrid Support: Vendor provides item selection and basic content; OpShop.Kiwi provides technical upload, optimisation, and support services as agreed.
• Tier C – Full Concierge: OpShop.Kiwi provides full listing, photography, and management services, subject to availability and agreement.

3.2.A Concierge Service Availability (Tier C)

Full Concierge (Tier C) service is subject to geographical availability. Initial service focuses on the region surrounding Waipa District, including Waikato, South Auckland, and Northern Bay of Plenty. This service may be extended as demand increases and additional contracts are signed.

3.3 Founding Vendor Promotional Commission (BETA Offer)

3.4 Accepted Payment Methods

Accepted payment methods may include Credit Card (via a secure payment gateway), Bank Deposit, and Cash on Pick Up (where permitted by the Vendor and the Platform). OpShop.Kiwi may add or remove payment methods at its discretion to maintain a secure and reliable customer experience.

3.5 Transaction Cost Coverage

The applicable commission fee includes and covers standard bank, credit card, and payment-gateway transaction costs incurred by OpShop.Kiwi in processing customer payments.

3.6 Commission Calculation Example (Illustrative)

Component	Value (Example)	Commission Applies?	Commission Amount (Example)	Vendor Remittance (Example)
Item Price	$10.00	Yes	$0.65 (Founding Tier A 6.5%)	$9.35
Fixed Shipping Fee	$8.00	No	$0.00	$8.00
Total Customer Charge	$18.00		$0.65	$17.35

3.7 Payment Processing and Dispute Recoupment

Vendor proceeds (Item Price minus Commission, plus the full Shipping Fee collected) will be paid out once the sale is marked complete and funds are confirmed. If a refund, chargeback, or customer dispute requires OpShop.Kiwi to reimburse the customer, the amount payable by the Vendor (as determined under Section 6) may be deducted from the Vendor’s future payouts.

4. Postage and Shipping Policy

All Vendors must apply a fixed-price shipping schedule to all items, paid by the customer at checkout, separate from the item price.

4.1 Shipping Schedule Requirement and Approval

The Vendor must provide OpShop.Kiwi with a clear shipping schedule at registration or prior to approval. This schedule outlines the fixed shipping charges applied to customer orders.

• Free Shipping or Single Fixed Fee: Vendors may offer free shipping for all purchases or a single flat Shipping Fee, subject to approval.
• Tiered Weight Schedule: If shipping varies by weight (e.g., up to 1kg, 1kg–3kg, 3kg–5kg), the Vendor must submit the schedule for approval.
• Approval: OpShop.Kiwi may review and approve schedules to ensure consistency and competitiveness.
• Guidance: Vendors may review courier resources such as NZ Post sending options.

4.2 Product Weight Entry

The Vendor must enter an accurate average weight for each product to enable correct shipping calculation based on the approved schedule.

4.3 Fee Scope and Rural Delivery Inclusion

Fixed-rate shipping is designed to create a seamless checkout experience. The Vendor must set rates to cover packaging, postage, surcharges, and delivery.

• Rural Delivery (RD): Vendors are strongly advised to include an RD allowance in standard rates to reduce delays and admin overhead.
• Recommendation: Vendors should review historic shipping averages (including RD and packaging) to set fair fixed rates.

4.4 Vendor Responsibility for Shortfalls

If actual shipping costs exceed the shipping fee collected from the customer, the Vendor is responsible for the shortfall.

4.5 Customer Visibility

Shipping fees must be clearly displayed to customers as a separate charge on product pages and at checkout.

5. Product Listing Rules and Standards

The Vendor is solely responsible for ensuring product listings meet accuracy, quality, and compliance standards required by OpShop.Kiwi and New Zealand law.

5.1 Accurate Description and Representation (Fair Trading Act)

• Descriptions and photos must accurately reflect the actual product.
• Condition must be clearly stated and any flaws/defects must be photographed and disclosed.
• Listings must not be misleading or deceptive about origin, age, value, authenticity, or features.

5.2 Acceptable Quality and Safety (Consumer Guarantees Act)

• Goods must be of acceptable quality, taking into account age, price, and disclosed condition.
• Goods must not be banned, recalled, or unsafe (especially children’s items, electrical goods, and regulated products).
• Goods must be reasonably fit for purpose for which that type of item is commonly supplied.

5.3 Photography and Branding

• Authentic Images: Product photographs must be of the actual item for sale (no stock images).
• No External Links: Listings must not include external links, watermarks, or text directing customers off-platform.

5.4 Category Classification and Product Weight

• Mandatory Category Codes: Vendors must classify products using the Google Product Category (GPC) codes provided by OpShop.Kiwi where required.
• Product Weight Entry: Vendors must enter accurate weights to support shipping calculation.
• Delisting: Failure to use accurate categories/weights may result in temporary delisting.

5.5 Policy on “New” Items

To align with the circular economy focus, items that are primary retail “new product lines” are excluded. “As-new” secondhand (unworn/unused but previously owned) and new items made primarily from recycled/upcycled materials may be allowed.

5.6 Sizing and Product Measurements

Vendors must provide accurate measurements for applicable items (especially clothing/footwear) to reduce returns and improve customer satisfaction. Vendors must comply with the platform Sizing Guide where applicable.

5.7 Electrical Item Safety Requirements

• Functional items: Electrical items sold as fit for use must have current Test and Tag certification performed by a qualified professional.
• Decorative/non-functional: If sold as decorative or not fit for use, this must be clearly stated and the 3-pin plug must be removed to prevent unsafe use.
• Delisting: Non-compliant electrical items may be delisted and may trigger an account review.

6. Returns, Refunds, and Disputes

The Vendor is the legal supplier of Goods and is primarily responsible for resolving customer disputes and providing remedies under the Consumer Guarantees Act (CGA).

6.1 CGA Obligations

If Goods are faulty, unsafe, not of acceptable quality, not fit for purpose, or do not match description, the customer is entitled to a remedy under the CGA.

6.2 Remedy Provision

OpShop.Kiwi will communicate the customer’s claim to the Vendor. The Vendor must provide a resolution (repair, replacement, or refund) at their own cost within a reasonable timeframe.

• Minor fault: Vendor may choose repair, replacement, or refund.
• Substantial fault: Customer may choose refund or replacement (where available).

6.3 Returns and Shipping Refunds

• Faulty or misdescribed: Full refund includes Item Price and Shipping Fee paid at checkout.
• Return shipping (faulty/misdescribed): Vendor must reimburse reasonable return shipping costs.
• Change of mind: Not legally required. If offered, terms must be stated clearly; customer pays shipping costs unless Vendor states otherwise.
• Commission refund handling: Where a refund is processed through the Platform, commission on the Item Price for that transaction will be reversed/adjusted in accordance with platform processes.

6.4 Change of Mind Policy

Vendors are not legally required to accept change-of-mind returns. If offered, Vendors must state their policy clearly (timeframe and conditions).

7. Termination, Suspension, and Limitation of Liability

7.1 Termination and Suspension

OpShop.Kiwi may suspend or terminate a Vendor account/store/listings if the Vendor breaches this Agreement, fails to fulfil orders, fails to resolve disputes in a timely manner, or lists prohibited/unsafe goods.

7.2 Limitation of Liability

To the fullest extent permitted by law, OpShop.Kiwi is not liable to the Vendor for indirect, consequential, or special damages, or loss of profit, revenue, or data arising from use of the Platform.

7.3 Maximum Liability

The Platform’s maximum aggregate liability to the Vendor is limited to the total Commission fees actually paid by the Vendor to the Platform in the three (3) months preceding the event giving rise to the claim.

8. Amendments to Terms and Conditions

OpShop.Kiwi may amend, modify, or update these Vendor Agreement T&Cs from time to time. Continued use of the Platform after changes are published constitutes acceptance of the updated terms.

LAST UPDATED: 12/01/2026