SELLERS – TERMS AND CONDITIONS 

These terms and conditions must be read together with our Website Terms and Conditions and our Privacy Policy which together create the terms and conditions upon you are permitted to use our website as a seller. 

We are trading as Digital Products33 (www.digitalproducts33.com).

In these terms and conditions, we address the issues that particularly relate to you as a seller of quality handcrafted Australian products or digital products that you wish to sell on the Digital Products33 website.

1 . Relationship between Seller and Made It 

a) our website provides a platform to introduce buyers and sellers who share a common passion for original handmade products or creative digital products;

b) as a seller you are not our employee, agent, or subcontractor and we are not an agent for any seller or buyer;

c) we provide a platform where buyers and sellers can interact; where sellers can display their original handmade products or original creative digital products for sale and buyers can view (and if they wish to purchase) these products. We are not involved in the creation of any of the seller’s original products;

d) products are purchased using the shopping cart we provide on our website; however, we do not set product pricing and sellers are responsible for (and have control over) the decisions they make;

e) we do not direct or require any seller to undertake any specific tasks or deadlines. Sellers manage their own time, skill, materials, and equipment at their sole discretion;

f) sellers are solely responsible for ensuring that their products (including digital products) are safe and meet all Australian Product Safety standards and that adequate information about the care, handling, intended and safe use of products and product storage is provided by the seller to the buyer.

g) Digital Products33 reserves the right to refuse service (selling or purchasing on Digital Products33) to anyone for any reason at any time.

2 . Australian Made 

To maintain the authenticity of our platform as featuring Australian Made products, sellers must reside in Australia. Proof of residency may be requested from Digital Products33. If we believe that a seller does not (or no longer) resides in Australia, then we may, at our sole discretion, terminate the seller’s subscription and access to our platform.

However, the above condition only applies to physical products and not to our digital products.

3 . Seller promises

By using our subscription and website as a seller you warrant, promise, and guarantee to us that at all times: 

a) your products are your own work (with exception of craft supplies); that your products are original, handcrafted, and genuinely Australian made;

b) you will provide buyers with all necessary and reasonable instructions for product care and use;

c) your products are durable (long lasting) and safe for all consumers to use, with all safety, care, use, and storage instructions given by you to buyers;

d) you will stand by the quality of your products, and you will manage all complaints, claims or refund requests yourself and you will do this quickly, with courtesy, professionalism, and respect;

e) as the seller it is your responsibility to hold and maintain any relevant insurances required;

f) in all circumstances where a complaint, claim, repair, refund, replacement, or other request arises in relation to your products, we will refer any person, business, or regulator directly to you;

g) you display up to date, accurate, reasonable pricing, and freight charges on our website;

h) you will display up to date and accurate stock inventory on our website;

i) you will not display products that are not immediately available for purchase and delivery to the Buyer.

j) you will not do anything that would damage our reputation, cause loss or damage to us or any other person or business, or that would not be in line with our business ethic;

k) to have at least 3 items available for sale to the public at any one time in my store;

l) all sellers must be 18 years of age or over.

4 . Quality of Products & Service

a) Digital Products33 is committed to offering a marketplace that showcases products of the highest quality. All Sellers are required to ensure that their products meet a standard of excellence that corresponds with the values and quality expectations of the Digital Products33 community and platform;

b) to participate in the Digital Products33 marketplace, Sellers must consistently demonstrate that their products meet the Digital Products33 Quality Benchmarks. Digital Products33 reserves the right to conduct periodic reviews of products listed on the platform to ensure compliance with our quality criteria;

c) in the event that any product is found to be below the Digital Products33 quality standard, or if a product or Seller is determined to be unsuitable for the Digital Products33 platform for any reason, including but not limited to customer feedback, product returns, or Seller conduct, Digital Products33 reserves the absolute right to disable the Seller’s store or remove the product listing from the platform without prior notice;

d) while Digital Products33 is not obligated to provide detailed explanations regarding the removal or disabling of a store or product, we may, at our discretion, provide Sellers with a notification outlining the reasons for the action taken. This is to encourage improvement and compliance with our quality standards;

e) sellers may have the opportunity to appeal the disabling of their store or product removal. However, the appeal process is a privilege, not a right, and is subject to the sole discretion of Digital Products33. The decision following an appeal is final and not subject to further review;

f) Digital Products33 may, at its sole discretion, amend the quality standards from time to time to meet the evolving needs of the platform and its users. Sellers are responsible for keeping themselves updated with any changes in the quality standards and ensuring their products comply accordingly.

5 . Digital Products33 Quality Benchmarking

a) To maintain professional standards and consistency Seller’s must comply with the Digital Products33 Brand Benchmarking which can be found below:-
  i) You must be personally involved in at least 50% of the production process of your creations.
ii) Digital fonts and pre-made images from platforms like Canva, cannot be used unless they make up less than 50% of the overall design.
iii) At least 50% of your product is made from your original artwork.
iv) Products must not contain any logos or trademarked symbols of other companies or organisations.
v) If inspired by a well-known logo, the product must be significantly differentiated and not likely to cause confusion with the original.
  vi) Any product that is inspired by copyrighted characters (e.g., from Disney, Marvel, etc.), is not copying or replicating the character in its entirety.
vii) Products may echo the essence or theme of a character, but it is an original creation and not an exact or near-exact replica.
viii) Derivative works based on copyrighted characters can still infringe on copyrights even if they aren’t exact copies.

Above Brand benchmarking applies to
1. the quality of your products and the method of production.

b) in all circumstances  images, products, product descriptions and content must be able to be legally sold and not be considered offensive, exploitative, or harmful in any way.

c) all legal and regulatory requirements in relation to use of photographs or images must be strictly complied with, particularly in relation to the display of children in any images or photographs;

d) Digital Products33 reserves the exclusive right to determine the suitability of stores and products for inclusion on its platform. This right is based on Digital Product’s commitment to quality handmade creations and is at the sole discretion of Digital Products33.

6 . Images & Product Titles

a) All imagery/video used on Digital Products33 for products must be imagery taken/created by the Seller;

b) by uploading images to Digital Products33.com, sellers grant permission to Digital Products33 staff to use these images for reasonable promotional activities, including, but not limited to, email marketing, public relations campaigns and press releases, remarketing, social media marketing and other digital and print marketing campaigns. This includes permission to crop or otherwise edit images to improve their visual appeal for the above promotional purposes;

c) As the seller, you agree to use imagery that accurately depicts the products that you are selling. The Buyer may request a full refund including any shipping costs if the representation of the product is misleading or inaccurate;

d) all imagery must be clear, well lit.

f) it is the Seller’s responsibility to ensure that all images uploaded to the platform are in compliance with the above stated terms. Failure to adhere to these standards may result in the removal of imagery, the delisting of the associated product, or the suspension of the Seller’s account;

g) Digital Products33 reserves the right to review and monitor all images for compliance with these terms. Digital Products33 further reserves the right to remove any images or product listings that do not meet these standards or that are otherwise deemed inappropriate;

h) all legal and regulatory requirements in relation to use of photographs or images must be strictly complied with, particularly in relation to the display of children in any images or photographs.

6 . Product Types

Physical Product Items

a) all products listed on the Digital Products33 platform must be Australian Made, original, unique in nature, and handcrafted by you;

b) products must be able to be legally sold and not be considered offensive, exploitative, or harmful in any way;

c) repackaging or presentation of store-bought products does not constitute a handmade product and are not permitted.

d) you can use store bought products as some of your material in your work, but to be considered original the product must be:

(e) unique and skilfully and substantially altered by you; or

f) you can sell or display printed artworks and photography, but it must be your own work or creation and printed by you;

g) non-compliant products will be removed by us from our website; and we may restrict, suspend, or cancel your Seller’s Store and subscription with us if we believe that you are breaching any of our terms.

Digital Products

a) all digital products must be original and created by you

b) digital products must be available for immediate download once payment is complete and for up to 30 days after the buyer has purchased the product;

c) digital products must be able to be legally sold and not be considered offensive, exploitative, or harmful in any way;

d) we are not responsible, at any time, for any loss or damage because digital products owned by you are accessed or downloaded from our website, or for any loss or damage you or any other person or business may suffer. It is your sole responsibility to protect your digital products from any illegal or unlawful download, copying or reproduction; not ours.

7 . Misrepresentation

a) we require that all product information (including pricing, materials, care and use instructions, freight) displayed on our website or provided to buyers is accurate and up to date at the time of purchase;

b) all product images must be owned by you. If a dispute occurs as to the ownership of any image, we reserve the right to remove it from our website.

c) you acknowledge and agree that buyers may seek a refund, repair, or replacement under Australian Consumer Laws if a product is not accurately described or depicted by you on our website, is faulty or not fit for purpose;

d) we will not refund any fees or charges by us for any loss you incur, and you agree to keep us indemnified from any loss or damage arising out of any error, omission, or other faulty or any misrepresentation by you in relation to your products;

e) we take all forms of misrepresentation seriously and will take action to protect our website and reputation if we suspect misrepresentation or breach of any of our terms. We may suspend, restrict, or cancel a Seller’s Store and Subscription if we reasonably believe that our terms have been breached or take any other legal action or steps available to us;

f) no compensation will be paid to the Seller for loss of use of the Seller’s Store or Subscription (included unused time) or for loss of goodwill, profit, or opportunity in the circumstances described in clause 7 of these terms;

g) all costs incurred by the Seller in connection with the Seller’s Store and Subscription will, in the case of misrepresentation, be the responsibility of the Seller and not us.

8 . Using Logos and Trademarks
a) you can use your own logo, copyright or trademark on our website provided you own these rights yourself;
b) you may not use any logos or trademarks that are not owned by you in any form;
c) any product that is inspired by copyrighted characters (e.g., from Disney, Marvel, etc.), is not copying or replicating the character in its entirety. Your product may echo the essence or theme of a character, but it is an original creation and not an exact or near-exact replica;
d) we cannot endorse, confirm, or take responsibility for any content you display;
e) if a dispute arises in relation to any content you display on our website, we will refer the concerned party directly to you;
f) we do not manage disputes between Seller’s and third parties in relation to intellectual property or any other matter; this is your sole responsibility, not ours. Any legal fees you incur are also your sole responsibility and we will not contribute to or participate in any claim or proceeding (unless we are legally required to do so);
g) if we are told about potential intellectual property infringement (using someone else’s logo, copyright, trademark, images etc), we may take any action that we decide is appropriate to protect our business. This could include removing your product listing, suspending, restricting, or cancelling your Seller’s Store or Subscription or any other legal right that we may have.

9 . Seller Commission Fees

a) We charge 40% commission on every successful sale.

b) we reserve the right to change or vary these fees at our discretion at any time. If we do vary our fees, the new fee schedule applies from the date it is published on our website. Any and all changes apply directly to all subscribers and notification is provided for the effective changes.

c) all commission fees will be paid in AUD dollars;

d) by creating your Seller’ Store you are agreeing to pay all commission fees on every successful sale and without any deduction or offset;

e) it is your sole responsibility to ensure that your contact details and payment methods are accurate and up to date;

f) The rest of the 80% commission will be paid to you after 30 days of the successful sale. (provided customer has not asked for refund within 14 days of purchase)

10 . Inactive or Deactivated Sellers Stores

a) reviews, sales count, and transactional history may not be retained, although your Sellers Store and product details and images may remain in our system.

b) if you wish to have all of your data immediately deleted from www.digitalproducts33.com please contact priya.gautam2527@gmail.com, and we will do our best to action your request;

c) please be aware that data may still appear on third party sites (such as google or social platforms) that are outside of our control;

d) if you are concerned about losing the data, we encourage you to export any product information you wish to retain by CSV before you discontinue using the website.

11 . User Generated Content (UGC)

a) you own the rights in respect to the images or content, or you have permission and consent from any people or businesses identified in your content;

b) you consent to being identified by your content and social media name as it may be featured across our social media platforms as well as on our website. You agree and accept that once images and content are posted digitally in any form, especially on social media platforms, it may be difficult or impossible to permanently remove. You agree that once posted, uploaded, or linked, this content can be captured, stored, re-posted, or used by anyone in the public domain who gains access to it. You agree that this is outside our control and that we cannot be held liable for any embarrassment, loss, damage, or harm you or your business may suffer;

c) please think carefully about what you post on social media and always act to protect yourself, your business and ours. Never post about any buyers on social media without the buyer’s expression consent in writing to do so (before posting);

d) you agree that you are solely responsible for your images and content and that you will not hold us or seek to hold us on behalf of any other person or business, responsible for your or our use of your images or content;

e) in all circumstances you agree that you will keep us indemnified from all claims for loss, damage or compensation to the fullest extent permitted by law.

12 . GST

a) you must not charge GST if you are not registered for GST.

b) you are solely responsible in relation to your accounting, taxation (including GST) obligations. We will not manage this for you. and will not be held responsible or liable to pay any unpaid fees, penalties or costs associated with these obligations.

c) you agree to indemnify us fully if we are required to make any payments or incur any fees, penalties, taxes, charges, or levies on your behalf.

13 . Handling Buyer Purchase & Payments

a) all purchases must be made by buyer’s using our platform and the shopping cart or options displayed on our website. Our fees will automatically deduct when a purchase is made, and the balance will transfer to your nominated Bank or Paypal account within 30 days of successful purchase.;

b) your Seller’s Store must not include information or any link to your website or any other marketplace or sales platform and you are not permitted to refer buyers to your website or any other marketplace, for example, Etsy;

c) you cannot disclose, keep, or store any personal information about buyer’s or compile lists of buyer’s names, phone or email details, any address or other contact or identifying information (other than in connection with the operation of your Seller’s Store via our website and while your subscription (free of cost) with us remains current);

d) you must not offer incentives or entice any buyer or seller away from our website or seek to solicit their business away from www.digitalproducts33.com whether it is for yourself or any other person or business;

e) you must honestly and transparently disclose all transactions to us and provide us with any information about a transaction or product or product sale that we reasonably request from you.;

f) where product or payment disputes arise, we will comply with all reasonable, lawful requests to us to disclose information that may assist buyers or sellers to resolve the issue;

g) in circumstances where we are satisfied that the buyer is entitled to a refund, we may do so at our discretion through Stripe (or any of the payment methods that we offer). We will always do our best to communicate with a seller before initiating these processes. If a seller does not communicate or respond, or fails in our opinion to act reasonably, we may proceed to issue the refund without further notice. If we suffer any loss, damage, or harm (including harm to our reputation) we look to the seller to recover our loss.

14 . Secure payments

a) we use industry standard encryption on our platforms, including our shopping cart, to keep your personal information secure throughout the payment process;

b) we will not be liable for any damages or losses (whether direct or indirect) caused if your payment method, card, or account is used fraudulently or if your payment incurs additional costs because of any issue that arises during or as a result of our payment platform or the payment method that you elect to use.

15 . Shipping information

a) you must provide fair, accurate and reasonable shipping information and charges. You must not add additional fees or charges, other than small handling charges, to the cost of shipping;

b) if you make an error in calculating shipping and additional charges are incurred, you may not be able to recover this money. It is important that your information and calculations are therefore accurate and up to date;

c) if you wish to charge for non-delivery or failed delivery attempts, you must disclose this before the buyer has completed their purchase;

d) we encourage you to consider offering insurance for products that might be considered valuable if lost or delayed in transit. You are solely responsible for managing these arrangements and disclosing any reasonable costs to buyers (before they complete their purchase), not us;

e) if you do not have, or cannot offer any form of insurance, we suggest that you take steps to factor lost and delayed products into your business plan. We cannot assist as this is a matter for you. What we do know is that products can and do get delayed or lost in transit for a number of reasons, therefore, it is your responsibility to consider the best and most cost-effective way for you to manage this risk;

f) we cannot recover additional charges you incur from any buyer, and we will not deduct these charges from our fees.

g) you must deliver, ship, or make available for collection the product that a buyer has paid for. If the product is in stock it must be despatched within 72 hours unless you clearly state in your delivery date details that an alternative shipping period can be expected;

h) sellers who receive payment but delay or fail to ship products will have their Seller Store suspended, restricted, or cancelled, and may be banned from opening any further with us. We may take further action, for example, legal action if we believe it is necessary or we believe that a seller may be acting fraudulently;

i) you must communicate regularly with buyers who have completed their purchase. We encourage you to provide information about shipping, such as tracking information, and to keep the buyer informed. This is your responsibility; we cannot do this for sellers, and we are unable to track shipping or deliveries on your behalf;

j) failure to respond or communicate with a buyer within three (3) days of their purchase (or any query they make about their purchase or delivery) is considered a serious breach of our terms;

k) if we believe that your actions are unreasonable then we may also suspend, restrict, or cancel access to your Sellers Store.

16 . Refunds and Returns Policy

a) all consumers have rights under Australian Consumer Law when they purchase a product from you, and you must abide by Australian Consumer Law when you sell products to buyers using our website. If you fail to do so or fail to act reasonably or lawfully in any way, we may suspend, restrict, or cancel your subscription and access to your sellers store, and you will be prevented from establishing another seller’s store on our website. If we incur any loss and damage as a result of your actions, we will look to you for compensation. For example, if a penalty is incurred or harm is caused by a seller to our reputation because a seller breaches Australian Consumer Laws;

b) as a seller you also have rights under Australian Consumer Law when you purchase a subscription to use our website or any other service from us. Without limitation of your rights under Australian Consumer Laws:

if a product or service we (Made It) supply to you, the seller, is faulty or damaged and cannot be used for the intended purpose, stop using our service or product immediately and contact us;

we are not responsible for misuse or any loss or damage arising from any act or omission that is inconsistent with the intended use of our products and services, and you must act reasonably when installing, using, or maintaining any product or service we provide;

we are not responsible for reasonable interruptions to our website or errors/bugs or interference with our website which is outside of our control (viruses and hacking are outside of our control), and we require you to maintain your own virus and firewall protection;

and this, along with misuse and use or installation that is inconsistent with the intended use are not an issue, fault, that we can be held responsible for; and you must give us a reasonable opportunity to discuss and rectify or resolve any issue before you take any legal action. We consider that 21 days is a reasonable time for us to reply to you.

17 . Licence to us

a) by uploading any images or content, including your products, on to our website you grant us a perpetual, non-revocable licence, and permission to use your images or content, without fee or payment to you of any kind, for our own reasonable marketing and advertising purposes, including using it for our email or blog promotions and social media;

b) you grant us permission and licence to edit, crop, amend, modify any images, or content that we deem reasonably necessary to promote our business;

c) you agree not to seek any payment (and to keep us indemnified from all claims) relating to the use or your businesses images or content.

18 . Setting up an Account & Account Notifications

a) You will be required to provide confidential information to us to set up your seller store. This includes your full legal name, including any middle name, and your current address. An alternative address for postage can be provided, but we also require your residential address. Your mobile (and any other) telephone number must be provided, together with your primary and any alternative email address. Please refer to our Privacy Policy for details about how we use, store, and remove seller confidential information.

b) All notices that relate to your sellers store, any update to our platform, commission fees, and any notices about possible seller breaches will be emailed to your nominated email address. Please provide us with an email address that you access and check regularly. It is your responsibility to tell us if these details change at any time.

c) If you receive an enquiry or complaint from a customer, you must respond to it within 2 days. If you cannot do so, please tell us immediately so that we can communicate with the buyer.

19 . Third Party Platforms

a) we may rely on third party platforms to deliver particular tools, services, or functions under our website;

b) we may also provide you with access to third-party platforms or tools, that may assist you with your seller’s store;

c) as third-party tools, functions and platforms are outside of our control, we are not liable for any loss or damage that may be caused or suffered. You agree that you will make your own enquiries before accessing or accepting any tools or functions.

20 . Access

a) we always do our best to provide continuous, error free, secure, protected, and uninterrupted access to our website for both buyers and sellers;

b) occasionally an error, outage or technical issue may occur. Please tell us immediately if you suspect there is a problem, and we will act;

c) we are not, at any time, responsible for any delay, outage, loss of access (or loss of) data or information because of your use of our website or any Linked Sites or third-party platforms;

d) we are also not responsible for any loss of profit or opportunity because there is an error, or interruption to our website and you cannot complete a purchase order (or information is lost).

21 . Customer Reviews

a) Digital Products33 reserves the right to remove or hide any reviews that we believe are unwarranted or unreasonable by the Seller or Buyer;

b) Digital Products33 reserves the right to remove or hide any reviews that we believe may be false or fabricated and not by a genuine customer.

22 . Kind Communications

a) It is a requirement of the Digital Products33 platform that all communications between Buyers, Sellers and the Digital Products33 Team are kind and respectful. Rude or unreasonable communications will not be tolerated and may result in the Buyer and/or the Seller being removed immediately from our platform and any of the Digital Products33 Social Pages/Groups;

b) Communications includes and is not limited to; Emails, Messages, Social Media – Posts, Commenting, Direct Messages and Group Chats.

23 . Indemnity

Unless we caused (or substantially contributed to) any loss or claim, or the cause of this was outside of your control, you agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including court costs, agency collection costs, and reasonable legal fees to the extent permitted by law) related to:

1. any content you post via our website or social media;

2. your unauthorised use of our website, or services included or advertised on any of our website;

3. your breach of our terms.

In simple terms, this means that if you cause or substantially contribute to the harm, you will be responsible for paying the costs we incur to defend that claim.

24 . Limitation of Liability

In all circumstances our limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of our website or the services found on our website.

25 . Applicable law

Consistent with all of our legal terms and policies, these terms are governed by the laws of New South Wales, Australia and you consent to the exclusive jurisdiction and venue of courts in that State, in all disputes arising out of or relating to the use of any of our website.

26 . Validity

If any court decides that any part of our terms is invalid or unenforceable, then that part of our terms will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms will continue in effect.