Seller Terms & Conditions Index 

1. Our Agreement 

2. Our Relationship 

3. Seller Dashboard (Seller’s Content Management System) 

4. Managing the Seller Store 

5. Supply and Cost of Products 

6. Import Duties and Taxations 

7. NJAL’s Role 

8. Seller Payments 

9. Customer Orders and Order Fulfilment 

10. Returns, Refunds, Disputed Payments, and Dissatisfied Customers 

11. NJAL Commission and Fees 

12. Exclusions of and Limitations on Liability 

13. Intellectual Property Rights 

14. Termination 

15. Miscellaneous 

16. Definitions and Interpretation 

These Terms and Conditions contained within this Agreement are for the use by our Sellers of the Website. All sales transactions and access to and use of the Website are governed by these Terms and Conditions. By setting up a Store or using the Website as a marketing platform, the Seller agrees to be bound by the following terms and conditions. 

1. Our Agreement 

1.1 NOT JUST A LABEL Limited (NJAL) is an online marketplace for customers to purchase products at https://www.notjustalabel.com. 

1.2 The relationship between the Seller and NJAL is one of principal and agent. When a Customer purchases a product from the Seller’s Store, the contract for sale is between the Customer and the Seller, and the terms of the contract are subject to the Terms and Conditions set out in the Standard Customer Terms found on the Website. The product is shipped by the Seller directly to the Customer and does not come into the ownership or possession of NJAL at any time. In relation to such contracts, NJAL acts solely as the agent of the Seller. NJAL provides various marketing and advertising services to promote the sale of the Seller’s products. 

1.3 NJAL may amend these Terms and Conditions and the applicable Commission Rate and Seller Fees from time to time and will notify the Seller in writing of any such amendments. By continuing to use the Website as a marketing platform after receiving such notification, the Seller will be deemed to have agreed to be bound by such amendments.

 

1.4 To be a registered Seller with NJAL, the Seller must be a registered business entity, duly constituted and registered in the country of its residence, and must be capable of forming or entering into a legally binding contract in accordance with applicable laws.

1.5 The Agreement between NJAL and the Seller will commence on the date on which the Seller sets up a store on the Website and will continue for an indefinite period, subject to the termination conditions in clause 14.

2. Our Relationship 

2.1 The Seller irrevocably and unconditionally appoints NJAL as the Seller’s agent to: a) offer and sell products that the Seller displays in the Seller’s Store; b) enter into agreements with Customers for the sale of such products on the Standard Customer Terms and any other terms and conditions permitted or contemplated under this Agreement; c) do all other things necessary or desirable in relation to the promotion, sale, and supply of Seller’s products on the Website, through SEO, Social Media campaigns (Facebook, Instagram, Pinterest, Twitter), PPC, PR Campaigns and other forms of offline marketing; and d) make use of the Seller’s images, videos, and logo for marketing purposes, and the Seller guarantees all images are copyright and royalty-free. NJAL takes no responsibility or liability for images should this not be the case. 

2.2 When a Customer purchases from the Seller’s Store through the Website, NJAL will notify the Seller via email and through the Seller Dashboard of that transaction. The Seller will not generate or issue any additional invoices to the Customer. 

2.3 NJAL is not a party to any agreement that is entered into between the Seller and a Customer for the sale and purchase of any product from the Seller Store. 

2.4 The Seller assumes all liability for the performance of all obligations and the discharge of all liabilities under or in relation to Clause 2.3 including all details contained on the Seller Dashboard. 

2.5 The Seller shall indemnify NJAL against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs (calculated on a full indemnity basis)) and all other reasonable professional costs and expenses suffered or incurred by the Seller arising out of or in connection with: 

a) The Seller’s breach or negligent performance or non-performance of this agreement; 

b) the enforcement of this agreement; 

c) any claim made against NJAL for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Seller’s products sold in the Seller’s Store; 

d) any claim made against NJAL by a third party for death, personal injury, or damage to property arising out of or in connection with defective products, to the extent that the defect in the products is attributable to the acts or omissions of Seller, its employees, agents or subcontractors. 

2.6 The Seller will notify NJAL before joining any other global fashion marketplace that operates a dropship model. As NJAL prides itself on offering only the most unique products, there may be a conflict of interest. If NJAL feels there is a conflict of interest with the Seller joining another marketplace, NJAL has the right to ask the Seller to not feature there, and if the Seller refuses, this can be deemed a breach of contract. 

2.7 NJAL is not a party to any agreement that is entered into between the Seller and Adyen, their payment gateway provider. 

3. Seller Dashboard (Content Management System) 

3.1 NJAL will provide Seller’s access to the Seller Dashboard, enabling Sellers to establish their own store and manage all product details and Customer orders. NJAL has the right to remove any products that they feel don’t fit with their brand guidelines. 

3.2 NJAL will provide Sellers with all of the necessary support and training to make use of the Seller Dashboard, enabling the Seller to manage their store on the Website. 

3.3 The Seller will: 

a) Ensure that the Seller’s computer hardware and software is up-to-date and virus-free; 

b) Comply with the content standards set out in NJAL’s user guides when uploading material to NJAL’s Website. 

c) Not misuse NJAL’s Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material, which is or may become malicious or technologically harmful. 

d) Not attempt to gain unauthorized access to NJAL’s Website, the server on which the Website is stored, or any server, computer, or database connected to NJAL’s Website. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. \

3.4 The Seller Dashboard requires the Seller to register a password. The Seller will keep any such password confidential, not disclose it to any third party and notify NJAL if the Seller suspects there has been any improper use or disclosure of the password. The Seller is responsible for any access to or use of a Seller Store that is made with the Seller’s password unless and until the Seller has notified NJAL of any suspected improper use. 

4. Managing the Seller Store 

4.1 NJAL will provide the Seller with instructions on how to establish and manage its Store, by providing the Seller with a User Guide and supporting videocast. 

4.2 The Seller will not advertise or link any reference to any other business or website (including Seller’s website) in the NJAL Seller Store without the prior consent of NJAL. 

4.3 The Seller will ensure that the Seller’s details on the Website and Seller Dashboard are true, accurate, not be false, inaccurate or misleading, not offensive, indecent, obscene, pornographic, menacing, abusive, defamatory, or in poor taste, and not cause NJAL’s Website or any part of it or the Seller Dashboard of the Seller or any other registered Seller to lose its functionality or cause to the same to be interrupted, damaged or impaired in any way. 

 

4.4 If any information provided by the Seller on the Seller Dashboard is false, NJAL may suspend or terminate the Seller Dashboard and shopfront on the Website. 

4.5 The Seller will ensure that all products offered for sale are of a consistently high quality and uniqueness. 

4.6 The Seller acknowledges that NJAL retains the absolute and unconditional right to determine the visual identity and branding of its Website and that of other Sellers. 

5. Supply and Cost of Products 

5.1 The Seller will offer, sell and supply products to Customers who use the Website on the Standard Customer Terms and on no other terms and conditions. 

5.2 The Seller should obtain its own legal advice to determine whether this Agreement, the Website, and the Standard Customer Terms are suitable for the Seller and its products. 

5.3 The Seller will be responsible for setting their own pricing on the site, and any discrepancies in pricing due to wrongly input information will be a cost borne by the Seller, not NJAL. The Seller's pricing must be in line with that of their own website, and they must not mark up any prices when featuring on the NJAL website. Pricing refers to the RRP, Sale Price, and Delivery Charges advertised on the website. 

5.4 Sellers must update the Seller Dashboard daily to notify customers of trackable shipping details and respond to customer queries and complaints. All correspondence between Seller and Customer and any queries and/or complaints are to be responded to and actioned within 24 hours (Monday-Friday) by the Seller and dealt with in a professional manner. 

5.5 Should Sellers be on vacation or not able to fulfill the order in the time frame stated, products on sale must be removed from the website or the designers must switch their store to Vacation Mode.

6. Taxations 

6.1 Sellers are responsible for their own taxation. NJAL bears no responsibility or liability for a Seller’s tax or duty fees. 

6.2 Sellers who benefit from zero-rated exports in their Home Country, need to ensure they maintain all records required by law to support such taxation benefits. NJAL bears no liability for tax subsequently charged on these exports in the event of the Seller's non-compliance to their Home Country rules and regulations. 

7. NJAL’s Role 

7.1 NJAL will be responsible for advertising Seller’s products through the Website, for driving Customer traffic, and promoting Seller’s products on the site through SEO, Social Media campaigns (Facebook, Instagram, Pinterest, Twitter), PPC, PR Campaigns and other forms of offline marketing. 

7.2 NJAL may use currency exchange rate tools to allow consumers to purchase products using multiple currencies. The rates applied will be controlled by NJAL, and NJAL will do its best to ensure they are updated regularly but takes no liability or responsibility if these are not always accurate. Any exchange rate fees applied by Adyen (payment gateway provider) will be borne by the Seller, not NJAL. The Seller has the ability to mark-up pricing by a small percentage when accepting payments in a different currency through the Seller Dashboard, although any price adjustments must be in line with the pricing on their own website. 7.3 From time to time, NJAL may offer a discount on all items advertised through the Website. If NJAL conducts a product promotion on the Website, any associated costs with regards to that specific promotion will be incurred by NJAL, not the Seller, except if the Seller has chosen to also discount their product at the same time, as in clause 5.3.  

8. Seller Payments 

8.1 Sellers will receive payments via PayPal within 30 days from when the sold item(s) were sent to the customer, however, we aim to pay designers as soon as practically possible.

8.2 NJAL will use PayPal to transfer funds. All Sellers need to add their PayPal account details to their dashboard in order to be paid out. 

8.3 Any exchange rate fees applied by PayPal or Shopify (payment gateway provider) will be borne by the Seller, not NJAL. 

9. Customer Orders and Order Fulfilment 

9.1 Upon notification of a Customer Order, the Seller must Acknowledge the order in the Seller Dashboard within 24 hours and fulfill the Order by shipping the relevant product within 2 Business days or within such other period specified in the Seller’s Store. 

9.2 The Seller will include the NJAL dispatch note upon fulfilling the order and other marketing material required by NJAL from time to time. 

9.3 The Seller will not include the Seller’s Website URL, contact particulars, or any marketing materials with a Customer order or inquiry, other than what is required in this Agreement.

9.4 If the Seller ships a product in fulfillment of an Order and the Customer does not receive the product for any reason, the Seller will promptly notify the Customer that alternative fulfillment arrangements have been made. 

9.5 The Seller will under no circumstances add the customer's details to their own database for marketing purposes. 

10. Returns, refunds, disputed payments, and dissatisfied Customers

10.1 The Seller will adopt and adhere to the NJAL Returns Policy and must respond to Customer queries or complaints within one business day of receiving the Customer query or complaint. 

10.2 As set out in the Returns Policy, if a Customer changes their mind about a product that the Customer has purchased, the Customer notifies the Seller directly and the Customer will arrange for shipment of the product back to the Seller. The Customer will be required to use a trackable or signed for delivery service, at the Customer’s cost (unless otherwise pre-agreed with the Seller). The Seller will need to notify NJAL of all pending refunds. On an NJAL approved refund, the Seller will either arrange a refund to be made via their Adyen account (where applicable) or have the refund amount accounted/deducted from subsequent pay-outs. 

 

10.3 Products not eligible for a Return, include: 

a) Products marked “sale”; 

b) Personalised or made to order items, e.g. with a specific name, fabric, message, or other customized aspects; 

c) Personal products such as earrings and hair accessories; 

d) Products that are made up in your own choice of fabric or material or are specially commissioned for the Buyer. (“Closed-out products”).  

e) Gift vouchers 

10.4 If the product is faulty, the Customer will be required to take photo proof of the faulty product and send it directly to the Seller. The Customer will be offered a replacement or repair for any faulty product or issue a full refund.

11. NJAL Commission and Fees 

11.1 NJAL takes a 30 Percent Commission per sale. This commission fee is applied to the total amount received per sale, including the RRP (or sale price if applied), any add ons, and delivery charges received. 

11.2 The Seller will also be responsible for any payment gateway fees. 

12. Exclusions of and Limitations on Liability 

12.1 The Seller acknowledges and agrees that it is not possible for NJAL to ensure that the Website is available at all times or that it is error-free or virus-free and the Internet is not necessarily a secure or reliable method of communication. 

12.2 NJAL has systems to back up information on the Website, however, the Seller should retain a copy of Seller’s details in the Seller Dashboard if those details are required to be reloaded to the Seller Dashboard. 

12.3 NJAL is not liable for any failure to properly send or receive communications (including Orders) via the Internet, or to make available the Website, due to any interference or failure of the Website.

13. Intellectual Property Rights 

13.1 Seller grants NJAL a worldwide, non-exclusive, royalty-free license (including the right to sublicense) to use, reproduce and communicate to the public the Seller’s Information during the term of this Agreement, either as part of the Website (including in response to search requests or when displaying a list of products sorted by product category) or for promotional purposes relating to NJAL or the Website in any medium; and after the Term: for archival, record-keeping and related and incidental purposes. 

13.2 Seller represents and warrants that the products displayed on its Store and Seller’s Information do not infringe the Intellectual Property Rights of any third party. Seller indemnifies NJAL against any Loss that NJAL may suffer or incur as a result of any Claim brought against NJAL that the products or images displayed on its Seller Store or the Seller Dashboard infringe the Intellectual Property Rights of any third party. 

13.3 NJAL or its licensors retain ownership of all Intellectual Property Rights in and to the Website (other than Seller’s details). Except as expressly permitted by this Agreement, Seller will not use or reproduce NJAL’s name, logo, or trademarks without NJAL’s prior written approval. 

14. Termination 

14.1 Either party may terminate this Agreement at any time without cause by giving one month’s written notice of termination to the other party. NJAL can terminate a Seller immediately if they are seen to have broken any of the terms of this Agreement. 

14.2 On termination of this Agreement, NJAL may immediately remove Seller’s Store and Seller Dashboard from the Website, and the Seller will continue to perform its obligations under this Agreement for Orders received before termination. 

14.3 After a Seller’s store and Seller’s Dashboard have been removed from the NJAL website, the Seller name may still be linked to NJAL’s website via cookies and through images or marketing materials that were created pre-termination. NJAL has no obligation to remove these images or links, as they were created before termination was received. 

15. Miscellaneous 

15.1 The Seller will comply with all reasonable guidelines provided from time to time by NJAL relating to the operation of the Website. 

15.2 The Seller may only use the information that NJAL provides to the Seller in relation to a Customer for the purposes of providing the Customer with products that are purchased by the Customer using the Website. The Seller will not use such information for marketing or any other purposes. 

15.3 During and after the termination of the Agreement, NJAL and the Seller may only use the other party's Confidential Information for the purposes of exercising its rights or performing its obligations under this Agreement. Otherwise, each party will keep the other party's Confidential Information confidential and will not disclose, or cause or permit the disclosure of, such information except with the prior written consent of the other party.

15.4 This Agreement is governed by the laws of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

15.5 Waiver of any right, power, authority, discretion, or remedy arising on default under this Agreement must be in writing and signed by the party granting the waiver. 

16. Definitions and Interpretations

 

16.1 Advertised Price means the price advertised on the website. 

16.2 Commission Fee means 30%, Percentage of the Total Transaction Price, including the Advertised Price, shipping fees, and any associated taxes. 

16.3 Confidential Information means all trade secrets, know-how, business, and financial information and other proprietary information or data disclosed to one party by the other or incorporated in materials or products provided to one party by the other and marked or indicated to be confidential. 

16.4 Customer means a user of the Website for the purposes of purchasing products. 16.6 Fees means as set out in Clause 10.3 and 11.1. 

16.5 NJAL refers to NOT JUST A LABEL Ltd., a company registered in the United Kingdom and Wales at 48 Dover Street, London, W1S 4FF. Company number 641002 as well as its subsidiary, NOT JUST A LABEL INC, 6121 Sunset Boulevard, Los Angeles, 90028.

16.6 Home Currency means the currency used for financial transactions in which the Seller company is registered. 

16.7 Home Country means the country in which the Seller’s company is registered.

16.8 Seller means a company that has accepted the terms and conditions of this Agreement by opening a shop front on the Website. 

16.9 Seller Dashboard means the Content Management System located on the NJAL Website, where the Seller can upload product information, inventory and manages sales.

16.10 Seller Store means the shop front found on the Website specific to the Seller.

16.11 Returns Policy, Customers can return or exchange any product, except those products listed in Clause 10.4, for any reason, within 14 days of receipt. 

16.12 Standard Customer Terms means the terms and conditions that the Customer is bound by when accessing the NJAL Website 

16.13 Website means NJAL published website located at URL https://www.notjustalabel.com