Effective February 24, 2017
In this Agreement, we refer to those offering their products or services for sale on the Indiegogo platform as “Sellers” and to their Product Marketplace pages as “Marketplace Pages.” The section of the Indiegogo platform where Marketplace Pages are located is referred to as the “Product Marketplace.” We refer to those purchasing products or services on a Marketplace Page as “Buyers” and to the payment made to the Seller on the Marketplace Page as “Payment.” For purposes of this Agreement, Sellers, Buyers and other visitors to the Product Marketplace are referred to collectively as “Users.”
Product Marketplace is a Venue
The Product Marketplace on the Indiegogo platform is an online venue for people and entities seeking to sell their products or services on their own Marketplace Pages, and to purchase goods or services on the Marketplace Pages of others. Sellers can offer goods or services in the form of tangible items or intangible services (collectively, “Products“) to Buyers. Indiegogo makes no representations about the quality, safety, morality or legality of any Marketplace Page, Product or Payment, or the truth or accuracy of User Content posted in the Product Marketplace. Users use the Marketplace Services at their own risk. Indiegogo guarantees delivery of the Product by the delivery date listed on Buyer’s order detail confirmation page (the “Guaranteed Delivery Date”). If the Seller fails to deliver the Product by the Guaranteed Delivery Date, a Buyer may be eligible for a refund under the Guaranteed Shipping Policy (see below for further details).
The Marketplace Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and Indiegogo, Inc. is not a broker-dealer or a member of the Financial Industry Regulatory Authority.
– Shipping Now and Pre-Order
There are two categories of Sellers in the Product Marketplace: (1) Sellers in the “Pre-Order” category have a finished prototype suitable for mass production, and have entered into agreements with essential manufacturing and shipping partners, including but not limited to suppliers for essential parts; and (2) Sellers in the “Shipping Now” category have Product inventory available to ship to Buyers, and can ship within a timeframe that does not exceed 12 weeks.
Sellers will be categorized as either “Shipping Now” or in “Pre-Order” based on the information that is submitted to Indiegogo, and Indiegogo’s decision regarding a Seller’s categorization is final and binding. Seller eligibility for either category is subject to Indiegogo’s satisfactory review of the information presented concerning Seller’s ability to ship products according to the Guaranteed Shipping Date. Indiegogo’s review may include, but is not limited to, examining (1) fulfillment of prior crowdfunding obligations, (2) forms of social verification such as product or business reviews, and (3) information the Seller provides in the course of such review. Indiegogo’s review will occur within an assessment period that will not exceed 90 days. If Indiegogo is not satisfied with the information presented by the Seller by the conclusion of the assessment period, then Indiegogo will refund all funds collected during the assessment period and remove Seller from the Product Marketplace.
Sellers are permitted to offer Products to Buyers. Sellers are legally bound to perform on any promise and/or commitment to Buyers (including shipping any Products within the stated timeframe “Guaranteed Shipping Date”). This commitment includes shipping Products to Buyers before shipping any orders received after the Marketplace Page has ended. For Sellers participating in programs with our retail partners, failure to ship orders to Buyers first may result in removal from such retail partnership programs, as well as the Product Marketplace and any other areas of the Indiegogo platform.
Sellers will respond promptly and truthfully to all questions posed by Indiegogo or any Buyer, and will communicate in a timely, frequent and substantive manner with Buyers.
Sellers must prominently display a policy of material topics as a condition of participation in the Product Marketplace. Material topics that must be covered in the displayed policy include: (1) refunds, (2) returns, (3) exchanges, (4) cancelling orders, (5) communication, (6) shipping time and costs, and (7) collection of applicable tax or customs, though Seller may also add additional topics as necessary. If a Seller does not display its own policy, then Indiegogo will display a default policy and the Seller must abide by any obligations listed in such default policy.
Indiegogo may attempt to verify the identity and other information provided to us by a Seller, and we may delay, withhold, reverse or refund any Payments or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction.
Indiegogo reserves the right to prohibit or remove a Marketplace Page if the Seller fails to ship a Product on or before the Guaranteed Shipping Date (or fails to fulfill any other promise and/or commitment to a Buyer). Indiegogo may remove any Seller from the Product Marketplace, and any other areas of the Indiegogo platform, if Indiegogo in its sole discretion determines that such Seller is involved in an excessive number of claims related to the Guaranteed Shipping Policy.
– Shipping, Payment, Taxes
All Sellers that participate in the Product Marketplace must (1) display a shipping timeframe that is rational, clear, and backed by information from manufacturers, suppliers, and shipping services, and (2) charge Buyers a reasonable and adequate amount to cover any applicable costs for sales tax or customs fees at time of checkout. If it appears to Indiegogo that the shipping timeframe displayed by a Seller does not meet the foregoing requirements, then Indiegogo may take various steps to determine whether a Seller is in compliance with this Agreement including, but not limited to, requesting additional information from the Seller and suspending Seller’s Marketplace Page until the investigation has been completed.
Seller must ship Products to Buyers using a traceable method, such as a service that offers package tracking numbers. Sellers must also keep records of proof of shipment to Buyer’s address as listed on the Buyer order details page (or be able to provide proof of a mutually agreed upon alternate ship-to address), and the related tracking number, shipment information, and other information, for a minimum of nine (9) months after shipping a Product to Buyer.
Seller is responsible for complying with any applicable tax or customs collection requirements, including calculating appropriate amounts for each order. If Seller fails to charge an adequate amount sufficient to cover any applicable tax or fee at the time of checkout, Seller must still ship the Product to Buyer and may not seek reimbursement or additional funds from the Buyer or Indiegogo at any later date.
Seller’s location as reflected on the Marketplace Page must match the legal residence that is submitted to Indiegogo upon creation of the Marketplace Page. Sellers may not create multiple Marketplace Pages, unless created for the same Product that is sold in different quantities, without proof of meeting obligations from the original Marketplace Page. Failure to adequately fulfill Marketplace Page obligations may result in Indiegogo removing the Marketplace Page(s) from the Indiegogo platform, and seeking reimbursement of Marketplace Page collected Payments, including by using third-party collections services. Only the Marketplace Page owner shall be permitted to collect Marketplace Page Payments. Indiegogo will not disburse Marketplace Page Payments to any third parties.
You acknowledge that as a Seller, if you do not act in accordance with this Agreement, Indiegogo may obtain reimbursement of any amounts owed by a Seller to Indiegogo by withholding funds from your Marketplace Page, or from the connected Stripe or bank account associated with your Marketplace Page, or by seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services.
Buyers are solely responsible for asking questions and investigating Sellers and Marketplace Pages to the extent they feel is necessary before making a Payment. Indiegogo does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Marketplace Page or the truth or accuracy of User Content posted on the Marketplace Pages. Buyers are responsible for submitting a valid and accurate shipping address when placing an order with a Seller. If a Payment is returned to a Buyer for any reason, the associated Products, if any, shall be canceled.
Buyers acknowledge that (1) each Seller is responsible for managing and prominently posting material policies on a Marketplace Page, including but not limited to policies governing refunds, returns, and exchanges, and (2) each Buyer is responsible for reading and understanding each Seller’s policies before placing an order.
Buyers may request a refund from Indiegogo within two (2) days of making Payment. If more than two (2) days since making Payment, Buyers must follow the Seller’s posted refund policy (or other applicable policies regarding exchanges or returns) and contact the Seller directly.
A Product order is eligible for a refund by Indiegogo if a timely refund request has been made unless (a) funds have already been sent to the Seller for the order or (b) Indiegogo determines that there has been an abuse of this Agreement. For refunds issued by Indiegogo as a result of a claim under the Guaranteed Shipping Policy, please see the Guaranteed Shipping Policy section of this Agreement. Indiegogo reserves the right to terminate User Accounts for any abuse of this refund policy.
Disputes between Sellers and Buyers
Sellers are legally bound to perform on any promise and/or commitment to Buyers (including shipping any Products). Indiegogo does not recognize any third party and/or agency affiliated with the Marketplace Page as a Seller. If a Seller does not ship an ordered Product within the Guaranteed Shipping Date, Buyer may be entitled to a refund pursuant to the Guaranteed Shipping Policy (outlined below).
Indiegogo is under no obligation to become involved in disputes between Users and any third party. In addition, Indiegogo is under no obligation to become involved in disputes regarding the determination of the rightful Seller, and will not be obligated to make any changes to Seller accounts or transfer of ownership. In the event of any dispute, such as a Seller’s alleged failure to comply with this Agreement, we may provide the Seller’s contact information to the Buyer so that the two parties may resolve their dispute.
Guaranteed Shipping Policy
Sellers are required to ship Products to Buyers on or before the Guaranteed Shipping Date. If (1) a Buyer does not receive the Product on or before the Guaranteed Delivery Date, and (2) the requirements for eligibility apply to the order that is the subject of the claim, then Indiegogo will issue a refund of the total order price (the purchase price, plus shipping costs and any additional fees collected for tax or customs purposes) in accordance with this Guaranteed Shipping Policy.
– Eligibility to File a Claim
The Guaranteed Shipping Policy applies only to orders (1) that were made on a Marketplace Page in the Product Marketplace section of the Indiegogo platform, and not to orders made through a third party, nor to Contributions made to a Campaign, (2) where Buyer has provided accurate information, including a valid and current ship-to address, during the order process, or a mutually agreed upon address with proof of the exchange between Buyer and Seller, and (3) where Buyer has provided a valid form of payment for the order, and Payment has been sent to Seller and is no longer within Buyer’s control. The Guaranteed Shipping Policy does not apply in situations outside of Seller’s or Indiegogo’s control, including but not limited to delivery obstructions or delays due to weather, natural disasters, civil unrest, or acts of God.
– Filing a Claim
Before making a claim under the Guaranteed Shipping Policy, a Buyer must (1) attempt to contact Seller through either the “Contact Seller” mechanism on the Marketplace Page, or via the email listed on the Marketplace Page, and (2) take a screenshot of the sent message or email to the Seller.
If Seller has not responded within two (2) days to Buyer’s refund request, then Buyer may submit a claim to email@example.com with all of the following required information: (1) the email address Buyer used to place the order, (2) the Indiegogo order number, and (3) the screenshot of the attempt to contact the Seller. Indiegogo will then process the Guaranteed Shipping Policy claim and will issue a refund within 14 days. The refund will appear on Buyer’s credit card statement within 3-5 business days (barring any issues that are the fault of Buyer’s bank).