Pablit Seller Terms

1. Who these terms are for

These Seller Terms apply when you connect an online store (such as Etsy, Shopify or TikTok Shop) to Pablit so that we make and ship the Pablit products your customers buy from you. They add to Pablit's Terms of Service and Privacy Policy; where they differ about selling, these Seller Terms win. "Pablit", "we" and "us" mean Ethereal Software Services LLC.

You use the selling features for business. You are at least 18 and you are allowed to make this agreement for yourself or for the business you represent.

2. You are the seller. We are your supplier.

You sell to your customers. Your store, your listings, your prices and your relationship with your customers are yours. Your customer buys from you and pays through your store's platform; we are not part of that sale.

We sell products to you. When your customer orders a Pablit product from your store, we make it, ship it to the address your store gives us, and charge you for it as the Billing Authorisation you agreed to describes.

We are not your agent, partner, employer or marketplace. We do not take payments from your customers, hold money for you, or pay you anything. Nothing in these terms promises you any sales or earnings.

3. What you are responsible for

Your listings: titles, descriptions, photos, prices, and every claim you make about a product. Describe products as we describe them, and make no safety, health or performance claim that we have not made.

Your customers: answering them, your returns and refunds to them, and your own privacy notice to them.

Your platform: following the rules of the platform your store is on. Your agreement with it is between you and it; we are not responsible for its fees, decisions, suspensions or changes.

Your taxes: sales tax, VAT or other tax on your sales to your customers, your income taxes, and any business registration you need.

The law: consumer protection, advertising, product safety, export and sanctions rules wherever you sell.

4. Your designs

You own your designs and you are responsible for them. You promise that you have every right needed for us to reproduce each design on products and for you to sell them, and that no design breaks the law or anyone's rights, including copyright, trademark, likeness and privacy.

Your listings may say you made a design only when that is true. The declaration you gave when you connected your store is part of this agreement.

We may refuse, stop or cancel any order, and pause any listing, that we reasonably believe breaks these terms, our Terms of Service or the law, including after a takedown notice.

5. Orders

We make the orders your store sends us that we are able to make. We may hold or decline an order, for example when we do not deliver to its destination, the customer's address is missing, an option cannot be read, or making it would cost far more than quoted, and we let you know when we do.

Production and delivery times are estimates. We ship to the address your store sends us, and you are responsible for it being right. A change after production has started may not be possible.

Ownership of an item, and the risk of its loss, pass to you when it is handed to the carrier. If a parcel is lost or delayed in transit we will help you with the carrier, but we do not guarantee the carrier.

6. If an item arrives wrong

If an item arrives damaged, misprinted or not as ordered, tell us within 30 days of delivery, with photos. If we agree the fault was ours, we will, at our choice, remake it or refund what we charged you for it. That is your only remedy for a faulty item.

We do not take back items because a customer changed their mind or chose the wrong size or option. That is between you and your customer.

7. Charges and the tax on them

What we charge you, and when, is set out in the Billing Authorisation you agreed to when you added your card. It is part of this agreement. An order's charge can differ from the estimate you saw when you listed the item.

Where the law requires, our charge includes sales tax or a similar tax. If you buy from us to resell and hold a resale or exemption certificate, you will give it to us when we ask for it.

Do not dispute our charge with your bank over a problem between you and your customer. Tell us first; if a charge is wrong, we will correct it.

We never pay you. Money your customers pay reaches you through your platform, not through us.

8. Your customers' information

To make and ship an order we receive your customer's name, shipping address and what they ordered. You decide why that information is collected. We handle it on your behalf, only to make the order, ship it, and send its status and tracking back to your store. These terms are your instructions to us for it.

We never sell it, share it for advertising, use it for marketing, or contact your customers. We share it only with the production and shipping partners who make and deliver the order and the providers that host our systems, each bound to protect it. They are listed in our Privacy Policy, which we update before adding a new kind. The people who handle it are bound to keep it confidential.

We protect it with security suited to it. We keep it only as our Privacy Policy says, which erases your customer's name and street address 180 days after the order reaches us or, if it has not shipped or been cancelled by then, 180 days after it last changed. We erase it sooner when you or your platform ask us to.

If your customer asks about their information, we will help you answer. If we learn of a security incident affecting it, we will tell you without undue delay. We will give you the information reasonably needed to show that we follow this section.

You are responsible for telling your customers how their information is used, including that you share orders with suppliers such as us, and for having the right to share it with us.

Where a privacy law treats you as the business or controller and us as your service provider or processor, this section is our agreement for that law.

9. Your store connection

You let us use your platform's API connection to your store only for what these terms describe: creating and updating your Pablit listings, receiving the orders for them, and reporting their fulfilment and tracking. You can disconnect at any time.

When you disconnect an Etsy shop that holds Pablit listings, we first pause those listings in your shop, then keep our connection until your paid orders have shipped with tracking, for at most 30 days after you ask. Orders that arrive meanwhile are made and charged as usual. If we cannot pause them within a day, or our access has already ended, the connection ends then and we tell you which listings may still be on sale. Any other store is disconnected at once.

Once the connection ends we receive no new orders from that store; orders already placed are still made and charged. We erase the store's name, web address and login 30 days after the connection ends, as our Privacy Policy says; its ID stays with the orders made through it.

Questions about selling with Pablit or your Etsy connection? Email [email protected].

10. Pausing and ending

We may pause your listings or stop making new orders if a charge goes unpaid, if you break these terms, if your platform restricts your store, or if we reasonably need to protect your customers, our partners or Pablit. Where we can, we tell you why.

Either of us can end this agreement at any time. Charges for orders already placed, and sections 3, 4, 7, 8, 11 and 12, continue after it ends.

11. If something goes wrong

You will defend and compensate Pablit, our people and our partners against claims, losses and costs, including reasonable legal fees, that come from your listings, your designs, your sales, your dealings with your customers or your platform, taxes on your sales, or your breaking these terms or the law.

Apart from section 6, we make no promise about our products or the service, to the extent the law allows.

If you connect an Etsy shop: THIS APPLICATION IS SOLELY PROVIDED BY ETHEREAL SOFTWARE SERVICES LLC (THE 'APPLICATION DEVELOPER'). YOU ACKNOWLEDGE THAT ETSY, INC. AND ITS AFFILIATES ARE NOT THE APPLICATION DEVELOPER, DO NOT PROVIDE THE APPLICATION SERVICE, AND MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE APPLICATION OR DATA ACCESSED THROUGH IT. The term 'Etsy' is a trademark of Etsy, Inc. This Application uses Etsy's API, but is not endorsed or certified by Etsy.

We are not liable for lost profits, lost sales, lost data, harm to your reputation, platform penalties, or any indirect or consequential loss. Our total liability to you for everything related to these terms is limited to what you paid us for the orders a claim concerns, and is never more than what you paid us in the three months before the claim arose, to the extent the law allows.

We are not responsible for delays or failures caused by things outside our control, including our production partners, carriers, platforms and outages.

12. Changes and disputes

We may update these terms. We will show you the new version and ask you to accept it before you list anything new or connect an Etsy shop. Listings and orders you already have continue under the version you accepted.

Section 12 of our Terms of Service (governing law and dispute resolution, including arbitration and the class-action waiver) applies to these terms. Notices to us go to [email protected].

If any part of these terms cannot be enforced, the rest still applies. These terms, the Billing Authorisation, your declaration, our Terms of Service and our Privacy Policy are the whole agreement about selling with Pablit.