1. Introduction
This Seller Agreement ("Agreement") governs your access to and use of the Avely Platform as a seller. By registering as a seller, listing any products, or receiving payments through the Platform, you ("Seller") agree to be bound by this Agreement in addition to Avely's Terms of Service, Privacy Policy, Payment and Wallet Terms, and Acceptable Use Policy.
This Agreement is legally binding. If you do not agree to its terms, you may not list products or conduct sales on the Platform.
2. Seller Eligibility
2.1 Minimum Requirements
To register and operate as a seller on the Platform, you must:
- Be at least 18 years of age;
- Possess the legal capacity to enter into binding contracts under applicable law;
- Provide accurate and complete identity and contact information during registration;
- Hold legal title to, or be otherwise lawfully authorized to sell, all products you list;
- Comply with all applicable tax obligations arising from sales conducted through the Platform;
- Complete Stripe's Know Your Customer (KYC) verification process as required to receive payouts.
2.2 Business Sellers
If registering as a business entity, you additionally represent that you are duly organized under applicable law, have full authority to enter into this Agreement, and that your operations comply with all applicable laws including consumer protection and product safety regulations.
2.3 Ongoing Eligibility
Avely reserves the right to verify seller eligibility at any time. Failure to maintain eligibility requirements may result in account restriction, suspension, or termination.
3. Product Authenticity and Accuracy
3.1 Authenticity Warranty
By listing any product on the Platform, you represent, warrant, and guarantee that:
- The product is authentic and genuine;
- The product is not counterfeit, fake, or an unauthorized replica;
- The product is legally owned by you or you are fully authorized to sell it;
- All product information, including descriptions, photographs, measurements, and condition disclosures, is accurate, complete, and not misleading.
3.2 Condition Disclosure
You must accurately describe the condition of each item listed. Condition categories must be applied honestly and accurately. Misrepresenting product condition is a serious violation of this Agreement.
3.3 No Misrepresentation
You must not describe a product using brand names, designer names, or trademarks that do not accurately apply to the item. Use of misleading terminology intended to suggest association with a brand or designer that does not apply is prohibited.
3.4 Photographs
All photographs submitted must accurately represent the actual product being sold. You must not submit photographs of different or substantially different items. You must own or have the unrestricted right to use all photographs you submit.
4. Image and Copyright Responsibility
4.1 Seller-Submitted Photographs
You are solely responsible for obtaining all rights necessary to upload and use any photographs or visual content submitted to the Platform. By submitting photographs, you warrant that you are the copyright owner or hold a valid license, and you grant Avely a non-exclusive, worldwide, royalty-free license to display and use the photographs in connection with the Platform. You additionally agree that Avely may use your photographs as source material for AI-generated model images for catalog presentation.
4.2 AI-Generated Images
You acknowledge that Avely may generate AI-enhanced model images based on your submitted product photographs. AI-generated images remain the intellectual property of Avely and are visual approximations only. You remain solely responsible for ensuring your original photographs accurately represent the product.
4.3 Copyright Infringement
You must not upload any content that infringes the intellectual property rights of any third party, including photographs taken by professional photographers, brand images, editorial images, or any other protected content for which you do not hold the necessary rights.
4.4 Indemnification for Copyright Claims
You agree to indemnify, defend, and hold harmless Avely from any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from any intellectual property infringement caused by content you submit to the Platform.
5. Shipping and Fulfillment Obligations
5.1 Seller Fulfillment Responsibility
You are solely responsible for the packing, shipping, and delivery of all orders. Avely assumes no responsibility for any loss, damage, delay, or non-delivery of goods.
5.2 Shipping Timeframe
You must dispatch each order within the timeframe stated in your listing or, if no timeframe is stated, within seven (7) business days from the date of sale confirmation. Failure to dispatch may result in order cancellation and penalties.
5.3 Tracking Information
Where available, you must provide accurate shipping tracking information to buyers. Avely strongly recommends tracked, insured shipping for all orders.
5.4 International Shipments
If you offer international shipping, you are responsible for understanding and complying with all applicable customs, import/export regulations, duties, and taxes for the destination country.
5.5 Non-Delivery
If a buyer reports non-receipt of an order, you agree to cooperate fully with any investigation and provide proof of postage, tracking information, and any other relevant documentation upon request.
6. Prohibited Products
You may not list or sell the following items under any circumstances:
- Counterfeit goods — items imitating the trademarks, logos, or designs of any brand without authorization;
- Stolen property — items obtained through theft, fraud, or other unlawful means;
- Items that infringe intellectual property rights — including unauthorized reproductions or pirated items;
- Hazardous or dangerous items not compliant with applicable product safety standards;
- Regulated items without proper authorization or permits;
- Items prohibited under Israeli law or the laws of the target marketplace jurisdiction;
- Recalled products — items subject to an official product safety recall;
- Adult or obscene content without specific platform approval;
- Weapons or items designed to cause physical harm;
- Items described in Avely's Acceptable Use Policy as prohibited.
7. Seller Performance Standards
Sellers are expected to maintain an accurate listing inventory, respond to buyer enquiries within a reasonable timeframe, honour confirmed sales, dispatch orders promptly, and cooperate with Avely's dispute resolution process. Avely reserves the right to monitor seller performance metrics and take corrective action where a seller consistently fails to meet performance standards.
8. Dispute Cooperation
8.1 Duty to Cooperate
In the event of any dispute between you and a buyer, you agree to respond promptly, cooperate fully with Avely's dispute investigation, and provide all relevant documentation including proof of shipment and tracking information.
8.2 Avely's Role in Disputes
Avely may assist in mediating disputes at its discretion. Where Avely determines that a seller has acted in breach of this Agreement, Avely reserves the right to issue refunds to buyers from the seller's wallet balance.
8.3 Chargebacks
Sellers are responsible for costs arising from payment chargebacks. In the event of a chargeback, Avely may deduct the disputed amount plus any applicable chargeback fees charged by Stripe from the seller's wallet balance. Sellers have the right to contest chargebacks by providing supporting evidence within the timeframe specified by Stripe.
9. Fees, Commissions, and Taxes
9.1 Commission
Avely charges a commission on each completed transaction as set out in the Payment and Wallet Terms. You authorize Avely and Stripe to automatically deduct the applicable commission from each sale prior to crediting your wallet balance.
9.2 Tax Obligations
You are solely responsible for determining, collecting, reporting, and remitting all applicable taxes arising from your sales, including VAT and income tax. Avely does not provide tax advice.
9.3 Fee Changes
Avely may modify its commission rates upon providing sellers with no less than 30 days' prior written notice. Your continued use of the Platform following the effective date of a fee change constitutes your acceptance.
10. Indemnification
You agree to indemnify, defend, and hold harmless Avely, its affiliates, directors, officers, and employees from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or related to your breach of this Agreement; your products; your violation of any applicable law; any claim by a buyer arising from a transaction with you; or any content you submit to the Platform.
11. Term and Termination
This Agreement commences when you register as a seller and continues until terminated by either party. You may terminate your seller account at any time. Avely may suspend or terminate your seller account at any time for breach of this Agreement, the Terms of Service, or the Acceptable Use Policy. On termination, all active listings will be removed and any wallet balance due to you, less applicable deductions, will be processed for payout in accordance with the Payment and Wallet Terms.
12. Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of the State of Israel. Disputes shall be subject to the dispute resolution procedures set out in the Terms of Service.
13. Contact
For seller support enquiries, please contact: sellers@avely.com