Barket Seller Terms & Conditions

All marketplace sellers must agree to these terms and conditions in order to sell on Barket.


  1. Introduction and contract formation
  2. Term and termination
  3. Agency relationship
  4. Seller Administration Section on the Website
  5. Seller's Listings and the Website
  6. Seller's terms of supply
  7. Customer Orders, payment and fulfilment
  8. Returns, refunds, disputed payments and dissatisfied Customers
  9. Barket Commission and Fees and net payment to Seller
  10. GST for Australian Sellers
  11. GST for Non-Australian Sellers
  12. Exclusions of and limitations on liability
  13. Intellectual property rights
  14. Miscellaneous
  15. Definitions and interpretation

1 Introduction and contract formation

1.1 Barket provides a curated online marketing platform on the Website. The Seller has or intends to list products on this platform.

1.2 The relationship between Seller and Barket is one of principal and agent. When a Customer purchases a product from the Website, the contract for sale is formed between the Customer and Seller. The product is shipped by Seller directly to the Customer and does not come into the ownership or possession of Barket at any time. In relation to such contracts, Barket acts solely as the agent of Seller. Barket also provides various marketing and advertising services to promote the sale of Seller's products.

1.3 By listing products or using the Website as a marketing platform, the Seller agrees to be bound by these terms and conditions.

1.4 Barket may amend these terms and conditions and the applicable Commission rate and Fees from time to time and will notify Seller of any such amendments. By continuing to use the Website as a marketing platform after receiving such notification, Seller will be deemed to have agreed to be bound by such amendments.

1.5 Capitalised terms are defined in clause 15.

2 Term and termination

2.1 This Agreement will commence on the date on which Seller lists products on the website and will continue for an indefinite period, subject to termination under clause 2.2.

2.2 Either party may terminate this Agreement at any time without cause by giving notice of termination to the other.

2.3 On termination of this Agreement (a) Barket may immediately remove Seller’s product listings and Information from the Website; and (b) Seller will continue to perform its obligations under this Agreement for Orders received before termination. See also Clause 13.1

3 Agency relationship

3.1 Seller irrevocably and unconditionally appoints Barket as Seller's agent to (a) offer and sell products that Seller lists on the marketplace; (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; and (c) do all other things necessary or desirable in relation to the promotion, sale and supply of Seller's products on the Website, including promotion through print catalogues, print advertisements, Google AdWords, Facebook, Instagram, marketplaces such as eBay, Amazon, Trade Me and Catch, and other print and electronic media channels.

3.2. When a Customer makes a purchase on the Website, Barket in its capacity as Seller's agent will cause the Website to automatically generate an invoice for that transaction. Seller will not render any separate or additional invoice in respect of such sale.

3.3 Seller acknowledges that Barket is not a party to, and has no obligations under or in relation to, any agreement that is formed between Seller and a Customer for the sale and purchase of any product.

3.4 Seller assumes all liability for the performance of all obligations and the discharge of all liabilities under or in relation to (a) all agreements for the sale of a product on the Website; (b) any product supplied by Seller to a Customer; (c) the fulfilment of any Order accepted by Barket on behalf of Seller; (d) the publication of Seller's Information on the Website; and (c) any Loss or Tax relating to or arising out of the supply or sale of any product by the Seller from one territory to a Customer located in, or purporting to be located in, another territory.

3.5 Seller indemnifies Barket against any Losses or Claims suffered or incurred by Barket in relation to (a) any agreement that is formed between Seller and a Customer for the purchase of any product by a Customer from Seller; (b) any product supplied by Seller to a Customer; (c) any Order accepted by Barket on behalf of Seller; (d) the publication of any of Seller's Information on the Website; (e) any breach by Seller of this agreement; and (f) any cost, expense, loss, claim, action or proceedings incurred by or made against Barket relating to or arising out of any Tax that relates to or arises out of the supply or sale of any product by the Seller from one territory to a Customer located in, or purporting to be located in, another territory.

4 Seller Administration Section on the Website

4.1 Barket will provide a Seller Administration Section on the Website where Seller can set up a Store and enter, edit and update product details and manage Orders.

4.2 Seller will provide the necessary computer hardware, software and internet services to access and use the Seller Administration Section. Barket has no responsibility for the provision, support and maintenance of any of the Seller's hardware or software.

4.3 Seller will ensure that at all times (a) all computer hardware and software it uses to access and interoperate with the Website is equipped and functions with up-to-date software and protection against Viruses; and (b) that information supplied electronically to Barket and to the Website is submitted free from Viruses.

4.4 The Seller Administration Section requires Seller to set up a password. Seller will keep any such password confidential, not disclose it to any third party and notify Barket if Seller suspects there has been any improper use or disclosure. Seller is responsible for any access to or use of a Store that is made with Seller's password unless and until Seller has notified Barket of any suspected improper use.

4.5 Seller will not (a) use the Seller Administration Section or the Website beyond the scope of use contemplated by this Agreement; (b) access the Seller Administration Section or the Website unlawfully; (c) modify or make derivative works based on the Website; (d) attempt to reverse engineer or access the backend of the Website with the intention of creating a competitive product or service; or (e) copy or build any concepts, features, functions or graphics based on the Website. Seller acknowledges that damages may not provide an adequate remedy for breach of this clause and that Barket will be entitled to seek injunctive relief to prevent the occurrence or continuance of any alleged breach.

5 Seller's Store and the Website

5.1 Barket will provide Seller with a User Manual containing instructions on how to list products on the marketplace.

5.2 Seller will not promote or include any reference to any other business or website (including Seller's Website) in its product listings.

5.3 Seller will ensure that Seller's Information:

  • is accurate, complete, up-to-date and not misleading or deceptive;
  • does not contain any Virus (including any computer program or code that can disrupt the operation of software, hardware or systems, or cause file deletions, file modifications or other effects that are not part of the functionality of software, hardware or systems);
  • complies with all applicable laws;
  • is not: (a) defamatory or in contempt of any legal or other proceedings; (b) indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety; (c) of a menacing character; (d) discriminatory to any group of persons including groups defined by reference to colour, race, sex, origin, nationality or ethnic or national origins; or (e) offensive or denouncing of political or religious beliefs.

5.4 If Seller chooses to designate a product as Exclusive in its product listings, Seller will ensure that such product is and continues to be Exclusive for as long as it is so designated.

5.5 Seller will not offer any liquor product for sale unless such offer and sale complies with all applicable laws and regulations.

5.7 Seller will not do anything that adversely affects the reputation or goodwill of Barket or the Website. Barket may immediately remove any product or any of Seller's Information from the Store and the Website if Barket believes that it fails to comply with this Agreement, or that it is inconsistent with the 'look and feel' of the Website.

5.8 The Marketplace Seller warrants that they are the legal owner of all items listed in the Marketplace Seller’s inventory.

5.9 Seller acknowledges that Barket retains the absolute and unconditional right to determine:

  • the nature of all other sellers using the Website and products offered for purchase using the Website (including products that are the same or similar to Seller's products); and
  • the manner in which the Website is presented (including the nature and arrangement of content, the categorisation of products, the order in which products and sellers are presented, features, functionality, advertising, links and the 'look and feel').

6 Seller's terms of supply

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

6.2 Seller acknowledges that Barket is not responsible for providing Seller with any legal advice on the Standard Customer Terms. Seller should obtain its own legal advice to determine whether the Standard Customer Terms are suitable for the Seller and its products.

6.3 Subject to clause 6.4, Seller will offer its Customers Free Standard Tracked Shipping on all products purchased through the Website. Seller may also offer its Customers additional shipping options at cost, including express post, courier and (in the case of Non-Australian Sellers) fast courier to Australia.

6.4 In the case of unusually heavy or bulky items, Barket may in its absolute discretion permit Seller to charge for Standard Shipping. If Seller wishes to list any such items, Seller will first discuss the proposed charges with Barket and will not proceed to impose such charges without specific approval from Barket.

6.5 Unless otherwise agreed by Barket, Seller will ensure that the prices of products offered for purchase in the marketplace are the same as or lower than the prices for those products available for purchase on Seller's Website.

7 Customer Orders, payment and fulfilment

Sellers are responsible for dispatching their sold items to buyers. If you're using a delivery or fulfilment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive their orders.

7.1 If a Customer places an Order:

  • Barket will collect payment for that Order on behalf of Seller using the payment mechanisms made available by Barket, provided however that Barket may decline to collect or process any payment at its discretion (for example, in the case of fraudulent or suspicious Orders); and
  • Upon receipt of payment for the Order, Barket will (a) notify Seller of the Order by email alert; and (b) include details of the Order in the Seller Administration Section for access by Seller.

7.2 Upon notification of an Order, Seller will:

  • fulfill the Order by shipping the relevant product with within 2 business day or within such other period specified in the dispatch note which Seller has set for that product in Seller's Store;
  • include a packing slip with each shipped Order in the form specified by Barket, together with any other materials which Barket may require to be included; and
  • promptly update the order status in the Seller Administration Section to indicate that the product has been shipped;

7.3 Seller will not include Seller's Website URL, contact particulars or any marketing materials with a shipped Order, other than those required by or pursuant to this Agreement.

7.4 If Seller ships a product in fulfilment of an Order and the Customer does not receive the product for any reason, Seller will promptly ensure that alternative fulfilment arrangements are executed.

7.5 It is the marketplace seller’s responsibility to login and verify whether or not new orders were received. Reliance solely on automated order notifications and order files does not eclipse the seller’s responsibility to login and verify the receipt of new orders.

8 Returns, refunds, disputed payments and dissatisfied Customers

8.1 Seller will adopt and adhere to the Returns Policy. Sellers may offer Customers additional rights of return or replacement provided that such rights are more favourable to the Customer.

8.2 Barket will use its best endeavours to resolve Customer enquiries relating to returns and refunds and in accordance with the Returns Policy, in its capacity as agent for the Seller. In cases which are resolved by the issue of a Store Credit or a refund (a) Seller will reimburse Barket for the value of the Store Credit of refund; and (b) Barket will not charge Commission in relation to the sale in question and will create a credit in favour of Seller for any Commission that has already been paid.

8.3 If a Customer disputes a payment charged for an Order (a) Barket will notify Seller of the dispute and provide Seller with a reasonable opportunity to demonstrate why the payment should not be reversed or charged-back; (b) Seller will provide Barket with all reasonable information, assistance and co-operation required to resolve the dispute within the timeframes imposed by the Website Payment Provider. In cases which are resolved by the reversal of the payment (a) Seller will reimburse Barket for any Charge-back Fee; and (b) Barket will not charge Commission in relation to the sale in question and will create a credit in favour of Seller for any Commission that has already been paid. A high number of chargebacks for your Marketplace Seller account will result in further action by Barket.

8.4 Orders that cannot be fulfilled and require cancellation must be notified to Barket within 2 business days. An excessive amount of cancellations may result in account suspension until any issues are resolved.

8.5 The return rate is calculated by dividing the number of returns by the total number of orders placed. Excessively high return rates could negatively impact a Marketplace Seller’s account status. The target return rate for all Marketplace Sellers is less than 10%. Marketplace Sellers that have a significantly higher return rate than 10% may face account suspension or other corrective actions.

8.6 Customer service is the highest priority for Barket and we expect the same to be true for all Marketplace Sellers on our marketplace. It is the Marketplace Seller’s responsibility to accurately describe product listings, quickly and accurately confirm orders, ship items in a timely fashion as outlined in these guidelines, and resolve customer issues in a courteous and professional manner. Failure to adhere to the highest standards for customer service and efficient fulfillment may lead to a Marketplace Seller’s suspension pending the resolution of any issues.

8.7 Barket reserves the right to make final decisions regarding disputes for all orders that occur on the marketplace.

9 Barket Commission and Fees and net payment to Seller

9.1 Barket charges the seller a commission in relation to each order received for the seller's products through the Barket marketplace.

9.2 The commission rate ranges from 30-40% depending on the value of the goods sold, and is charged only on the final product selling price after discounts applied (commission is not charged on any shipping charges paid by customer). The commission structure is stipulated below:

 Product Selling Price (AUD) Commission %
$0 - $100 30%
$100 - $200 35%
$200+ 40%

9.3 Barket offers free standard shipping and $10 express shipping. When a customer orders from multiple sellers and requires express shipping they will pay the express shipping charge on each individual item. Each seller in the order will receive the $10 shipping fee in their payout. 

9.4 Seller payouts are processed every business day via our seller administration section. Seller payouts are paid to a seller's nomimated paypal or bank account. Barket will deduct any adjustments for store credits or refunds from the payouts it has collected pursuant to clauses 7 and 8 and any GST calculated pursuant to clause 11.4, and will pay the net amount to the seller. Barket will provide Seller with an electronic statement showing details of how the net amount is calculated, including any credits or offsets pursuant to clauses 7 and 8.

9.5 Barket may reduce any amounts payable to Seller under this Agreement by any amount that is payable by Seller to Barket.

9.6 Barket and Non-Australian Sellers may agree from time to time to defer payments pursuant to clause 9.2 in order to minimise bank and other intermediary charges in relation to international fund transfers.

10 GST for Australian Sellers

10.1 This clause 10 applies only to Australian Sellers.

10.2 Seller must supply a valid ABN and be registered for GST.

10.3 Invoices issued by Barket pursuant to clauses 3.2 and 9.2(a) will be inclusive of GST, except for items that are GST-free. Prior to listing any GST-free item for sale on the Website, Seller will advise Barket of its intention to do so and will not proceed unless alternative arrangements have been made in relation to the invoices.

10.4 If the Delivery Address for the Order is in Australia, the invoice generated pursuant to clause 3.2 and the net amount paid to Seller pursuant to clause 9.2(b) will include GST that Seller is required to collect from the Customer. Seller acknowledges that it is liable to report and remit such GST to the Australian Commissioner of Taxation.

10.5 If the Delivery Address for the Order is not in Australia, the invoice generated pursuant to clause 3.2 and the net amount paid to Seller pursuant to clause 9.2(b) will not include any GST component. In respect of such Orders, Seller will ensure that the products are exported within the time period referred to in Clause 7.2 or within 60 days from the date of the Order, whichever first occurs.

11 GST for Non-Australian Sellers

11.1 This clause 11 applies only to Non-Australian Sellers. Solely for the purpose of Division 84 of the GST Law (governing offshore supplies), Barket is deemed to operate an Electronic Distribution Platform and to be the supplier of any Low Value Goods purchased through that platform and shipped to a Delivery Address in Australia.

11.2 Seller warrants that (a) it is not carrying on an enterprise or business in Australia; and (b) it is not registered or required to be registered for GST.

11.3 Title to the products sold by a Non-Australian Seller pursuant to any Order will pass outside Australia. If the Customer provides a Delivery Address in Australia, that Customer will be responsible for importing the goods to Australia.

11.4 If (a) the Order is for Low Value Goods other than tobacco, tobacco products, alcoholic beverages or products that are GST-free; (b) the Delivery Address for the Order is in Australia; (c) the Customer is not an Australian GST-registered business making the purchase for business use; and (d) the Order is not shipped as part of an aggregate consignment of goods with a total value of over A$1,000, the invoice generated pursuant to clauses 3.2 and 9.2(a) will include GST that Barket is required to collect and remit to the Australian Commissioner of Taxation and the amount paid to Seller pursuant to clause 9.2(b) will be net of this GST component.

11.5 Seller will not offer any tobacco, alcoholic beverage or GST-free product for sale on the Website without first notifying Barket and making a special arrangement with Barket to ensure compliance with the GST Law in relation to such sale. In the absence of such notification and special arrangement, Barket will not be liable to refund any GST that it has collected and remitted to the Australian Commissioner of Taxation pursuant to clause [Note: Tobacco, tobacco products and alcoholic beverages are excluded from the Low Value Goods provisions of the GST Law and are assessed for taxes and duties at the point of importation to Australia. Products that are GST-free include basic fresh foods, some medical aids and appliances, some medicines and some education materials. It would be highly unusual for a product of a kind typically available on the Website to be classified as GST-free.]

11.6 If the Delivery Address for the Order is not in Australia, the invoice generated pursuant to clauses 3.2 and 9.2(a) and the net amount paid to Seller pursuant to clause 9.2(b) will not include any GST component.

12 Exclusions of and limitations on liability

12.1 Seller acknowledges and agrees that:

  • it is not feasible for Barket 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;
  • while Barket has systems to back-up information on the Website, Seller should retain a copy of Seller's Information so that it be can reloaded to a Store if necessary; and
  • Barket 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.

12.2 Subject to clause 12.3, all express or implied warranties, representations, statements, terms and conditions relating to this agreement or its subject matter (including the Website) that are not contained in this Agreement are excluded to the maximum extent permitted by law.

12.3 Nothing in this agreement excludes, restricts or modifies any Non-Excludable Provision.

12.4 If a Non-Excludable Provision applies to this Agreement and Barket is entitled at law to limit Seller's remedy for a breach of that Non-Excludable Provision, then Barket's liability is limited to one or more of the following at Barket's option:

  • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
  • in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

12.5 Subject to clauses 12.6 and 12.7 and subject to Barket's obligations under any Non-Excludable Provisions, to the maximum extent permitted by law, Barket's maximum aggregate liability for all claims under or relating to this Agreement or its subject matter which arise at any time during or after the Term, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to the lesser of $2,000 and the aggregate amount of Commissions and Fees that Barket has received from Seller.

12.6 The limitation in clause 12.5 does not apply to Barket's obligation to remit payments to Seller that are collected by Barket under this Agreement.

12.7 Subject to Barket's obligations under any Non-Excludable Provisions, to the maximum extent permitted by law, Barket is not liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages or damages for loss of profits, goodwill, anticipated savings or Loss or corruption of data whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term, or on any other basis.

13 Intellectual property rights

As a marketplace, Barket takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorised parties can submit proper notices of infringement regarding content on our marketplace, and how Barket sellers can respond when their listings or shops are affected by a notice.

13.1 Seller grants Barket a world-wide, non-exclusive, royalty-free license (including the right to sublicense) to use, reproduce and communicate to the public Seller's Information:

  • during the Term: 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 Barket or the Website in any medium; and
  • after the Term: for archival, record-keeping and related and incidental purposes. Direct product links will stay active indefinitely for search engine optimisation purposes, even if a product has been unpublished or deleted, but such products will not be available for purchase.

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

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

13.4 Barket reserves the right to disable any listing, or account that we believe violates our Terms of Use, including this Intellectual Property Policy. Barket also reserves the right to take action against abusers of Barket’s Intellectual Property Policy or our Terms of Use.

Barket can’t speak on behalf of intellectual property owners, nor is Barket in a position to offer legal advice or make legal determinations whether a seller's content infringes someone else’s intellectual property. Barket will remove material cited for alleged intellectual property infringement when provided with a proper notice.

14 Miscellaneous

14.1 Seller will comply with all reasonable guidelines provided from time to time by Barket relating to the operation of the Website, including those set out in the seller manual.

14.2 Seller will comply with all applicable laws in relation to the performance of its obligations under this Agreement, Seller's products made available for purchase on the Website and Seller's dealings with any purchasers of such products.

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

14.4 Marketplace sellers may not under any circumstances ask for or coordinate payments or credits outside of the Barket Marketplace. 

14.5 During and after the Term, each party 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.

14.6 This Agreement is governed by the laws of Western Australia, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.

14.7 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.

14.8 Seller will not assign this Agreement or any right or benefit under, relating to or arising out of this Agreement except with Barket's prior written consent.

14.9 The Marketplace Seller agrees to answer all communication from Barket within 2 business days to remain in good standing with Barket. Failure to do so could result in account suspension or other actions.

14.10 Drop shipping by sellers or customers is not authorized on Barket and action taken will be at the sole discretion of Barket to prevent drop shipping orders and Barket seller or customer accounts that dropship orders. 

14.11 Barket reserves the right to delay initiating a Payment Transaction transfer to a Seller’s Account (regardless of method of payment) pending an investigation if Barket, in our sole discretion, believes the buyer or the seller may have breached this seller’s Agreement. Notwithstanding any other provision of this seller’s agreement, if Barket determines, in its sole discretion, that the seller has breached this seller’s agreement, Barket may refuse to transfer any Payment Transactions to the seller and may instead maintain such amount in a trust account or may return such amount to the buyer. Barket will not be liable to a seller if Barket acts in this manner.

14.12 Barket, in its sole discretion, may terminate this seller’s agreement, access to our Web Site or the Services, or any sales or purchases or offers for the same, immediately and without notice, for any reason (including but not limited to repeat infringements). 

14.13 Barket will make every effort to contact the Marketplace Seller prior to taking action for violations of Marketplace Seller terms and conditions.

14.14 Other violations of Marketplace Seller terms and conditions include:

  • Product descriptions include instructions to contact Marketplace Seller for pricing details or to negotiate a price.
  • Canceling an order on Barket and redirecting a customer to pay you via PayPal or any other means.
  • The redirection of orders in any manner, including but not limited to having a customer reship an order to another customer.

15 Definitions and interpretation.

15.1 The following definitions apply in these terms and conditions:

    • Affiliated Website means any website facility set up by Barket to increase the exposure and sale of products offered for sale on Barket's own Website.
    • Agreement means the agreement between Barket and a Seller made in accordance with clauses 1.3 and 2.1 and incorporating these terms and conditions, as amended from time to time.
    • Australian Seller means a Seller that supplies products in Australia or through an enterprise carried on in Australia, or whose supply of products is connected with Australia. In the preceding sentence, "enterprise", "carried on in Australia" and "connected with Australia" have the meanings defined in the GST Law.
    • Charge-back Fee means, in relation to any payment dispute, the amount charged by the Website Payment Provider in connection with resolution of that dispute.
    • Claim means any claim, action, proceeding or demand.
    • Commencement Date means the date on which the Term commences, being the date determined under clause 2.1.
    • Confidential Information means any information disclosed or revealed by one party to the other party under or in relation to the Agreement that is by its nature confidential, is designated by the disclosing party as confidential or the receiving party knows or reasonably ought to know is confidential (including the terms of this agreement) BUT EXCLUDING information that is published or has otherwise entered the public domain without a breach of this Agreement or other obligation of confidence, is obtained from a third party who has no obligation of confidentiality to the disclosing party or is independently developed or obtained without breach of this Agreement.
    • Customer means a customer of Seller's Store on the Website.
    • Delivery Address means, in relation to an Order, the address that the Customer has specified in the shipping details as the address to which the product is to be sent by the Seller.
    • Electronic Distribution Platform has the meaning given by section 84-70 of the GST Law
    • Exclusive means, in relation to a product, that the product is available for purchase from Seller only through the Barket marketplace and not directly or through any other website or distribution channel.
    • Free Standard Shipping means, in relation to an Order, delivery by regular post or better at no additional charge.
    • GST and GST Law have the meanings defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)
    • GST-free has the meaning given by subsection 9-30(1) and Division 38 of the GST Law
    • Barket means ABN 50539849352 Trading as ‘Barket’
    • Intellectual Property Rights means all the rights conferred by the law of any country or jurisdiction in the world in relation to any invention, discovery, literary work, dramatic work, musical work, artistic work, copyright, moral right, database, trade mark, service mark, design, patent, semiconductor topography, confidential information, know-how, or trade secret, and in each case whether or not it has been reduced to a material form, and however it may be recorded, stored or embodied.
    • Loss means any damage, loss (including any currency exchange loss), cost, expense or liability.
    • Low Value Goods has the meaning given by section 84-79 of the GST Law
    • Non-Australian Seller means a Seller that is not an Australian Seller.
    • Non-Excludable Provision means a guarantee, term, condition, warranty, right or remedy implied or imposed by any Australian statute (for example, the Australian Consumer Law) or regulation which cannot lawfully be excluded or limited under the terms of that statute or regulation.
    • Order means an order placed by a Customer to purchase a product from Seller using the Website.
    • Returns Policy means the policy on returns and refunds stated on the Website and in the Standard Customer Terms.
    • Seller means a person who has applied to sell on the Website and been accepted as a seller by Barket, subject to the terms of this Agreement as amended from time to time.
    • Seller Administration Section means the section of the Website's content management system that is used by Seller to upload information and image files and manage Orders.
    • Seller's Information means any information or materials that Seller provides in its Store, including any product names, images or trademarks.
    • Seller's Website means a website published by or on behalf of Seller and includes any website through which Seller offers products for sale, other than the Barket Website.
    • Standard Customer Terms means the standard terms and conditions that apply to the offer, sale and supply of products to Customers on the Website.
    • Store means, in respect of a Seller, the information and images Seller has provided for inclusion on the Website or which the Seller has uploaded to the Website through the Seller Administration Section.
    • Store Credit means a credit of a denominated value issued by Barket to a Customer for use by a Customer in payment for any products made available for sale on the Website.
    • Tax means all forms of taxation including goods, services, value-added, withholdings, charges, assessments, contributions, remittances, imposts, excises, levies, duties and rates, whether imposed in Australia or elsewhere; and includes any reassessments of any such taxation and all penalties, interest, fines, or the like imposed in respect of any such taxation.
    • Term means the term of this Agreement, being the period commencing on the Commencement Date and ending on the date of termination under clause 2.2.
    • User Manual means the user manual as amended from time to time made available to Seller through the Seller Administration Section.
    • Virus means any computer virus, macro virus, trojan horse, worm or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or network, or to intercept or access without authority or expropriate any system, information or data
    • Website means Barket's website at URL as extended by any Affiliated Website.
    • Website Payment Provider means any third party that Barket uses to collect payments (including a bank, credit or debit card scheme or other payment processing service such as PayPal).
    • Customer Drop Shipping is defined as an individual or organization acting as an intermediary or distributor of Barket products with the intent to redistribute those products to other individuals or organizations via Barket's fulfilment system. This is typically accomplished by the drop shipper ordering items from Barket and sending them to customers of other websites or retail store locations. Example of an activity that would qualify as customer drop shipping; Tom lists a Barket product on another website or retail store (eg, Amazon, Ebay, Etsy etc) at a marked up price. Later, Tom gets an order from Mary. Tom then orders the item from Barket and has it shipped directly to Mary.
    • Seller Drop Shipping is defined as an individual or organisation re-listing items on the Barket marketplace that are for sale elsewhere and when receiving an order from Barket purchasing the product from the original seller of the product at a discounted price to the selling price on Barket. Example of an activity that would qualify as seller drop shipping; Julie lists a product for sale in the Barket marketplace. Julie receives an order from Brad for this product. Julie purchases the product from Anna and has it shipped directly to Brad. Using a 3PL service to fulfil your orders does not constitute seller drop shipping.

15.2 The headings to clauses are inserted for convenience only and shall not affect the interpretation or construction of these Conditions.

15.3 Words expressed in the singular shall include the plural and vice versa. Words referring to a particular gender include every gender.

15.4 References to a person include an individual, company, corporation, firm or partnership.

15.5 All references to clauses are to the clauses in this Agreement unless otherwise stated.

15.6 References to the words "include", "includes", "including", "in particular" or any similar words do not limit the words proceeding or following.