Last updated: 2 February 2026
Version: 2.0
Operator: One&Only Group Limited (“Kapsule”, “we”, “us”, “our”)

1. Application and Acceptance

1.1 By registering as a Seller, creating a vendor account, listing products, or using seller tools on Kapsule, you agree to comply with this Seller Policy & Code of Conduct, the Conditions of Use, Privacy Policy, and any feature-specific terms.

1.2 If you act on behalf of a company or organisation, you confirm that you are authorised to bind that entity to these terms, and that entity is also bound by all obligations herein.

1.3 If you do not agree to these terms, you must not use Kapsule to sell products or services.

2. Kapsule’s Role in the Marketplace

2.1 Kapsule operates as an online marketplace platform where independent third-party Sellers offer goods directly to Buyers.

2.2 The contract of sale for each transaction is formed directly between the Buyer and the Seller. Kapsule is not a party to this sales contract.

2.3 Kapsule provides the marketplace infrastructure, including the platform technology, payment collection and processing services, order management tools, and post-purchase customer support coordination.

2.4 Sellers retain full responsibility for creating accurate product listings, sourcing and supplying lawful and safe products, meeting all legal and tax obligations, and dispatching orders promptly and securely.

2.5 While Kapsule manages customer service communications (including enquiries, complaints, returns, and refund processing), Sellers must cooperate fully and promptly to resolve any issues that arise.

3. Changes to This Policy and Services

3.1 We may update this Seller Policy from time to time to reflect changes in our services, legal requirements, or business practices.

3.2 Unless stated otherwise, changes take effect immediately upon publication on the Website. We will make reasonable efforts to notify Sellers of material changes.

3.3 If we make a materially adverse change to this policy, we will provide advance notice where practicable, typically through email notification and prominent dashboard alerts.

3.4 Continued use of Kapsule’s seller services after any policy change constitutes your acceptance of the updated terms.

4. Seller Eligibility and Account Requirements

4.1 You must be legally entitled to sell goods in New Zealand and must comply with all relevant laws, regulations, and licensing requirements applicable to your business and products.

4.2 You are responsible for maintaining accurate, current, and complete account information at all times, including:

  • Contact information (email, phone, physical address)
  • Business registration details and numbers
  • GST registration status and IRD number (if applicable)
  • Bank account details for payouts
  • Identity verification documents

4.3 You may operate only one Kapsule seller account unless we have expressly approved additional accounts in writing for legitimate business reasons.

4.4 You must protect your login credentials and account security. Notify us immediately at support@kapsule.co.nz if you suspect unauthorised access or any security breach.

4.5 We reserve the right to verify your identity, business credentials, and eligibility at any time and may request supporting documentation.

5. Seller Code of Conduct

5.1 All Sellers must act fairly, lawfully, honestly, and professionally to maintain a safe, trustworthy marketplace for all users.

5.2 Sellers must:

  • Provide accurate, truthful, and up-to-date information in all accounts, listings, and communications
  • Comply with all applicable laws, including consumer protection, privacy, product safety, intellectual property, and tax requirements
  • Ensure all products meet applicable quality standards and safety regulations
  • Cooperate fully and promptly with Kapsule in all customer service matters and dispute resolution
  • Honor all commitments made in product listings, including prices, delivery timeframes, product specifications, and conditions
  • Respond to customer enquiries and Kapsule communications within reasonable timeframes (typically within 24 business hours)
  • Maintain professional and respectful communication with Buyers and Kapsule staff

5.3 Sellers must not:

  • Manipulate or attempt to manipulate search results, traffic metrics, sales rankings, or platform algorithms
  • Influence, purchase, solicit, or artificially inflate customer reviews or ratings through any means
  • Contact Buyers directly outside the Kapsule platform for marketing, sales, or attempting to circumvent platform fees
  • List or sell prohibited, unsafe, counterfeit, stolen, recalled, or intellectual property infringing products
  • Misuse, share, or improperly handle customer personal information or data
  • Operate multiple seller accounts without prior written approval from Kapsule
  • Attempt to damage, defame, or interfere with another Seller’s reputation, listings, or business operations
  • Engage in exploitative pricing, price gouging, or deceptive pricing practices
  • Make false or misleading claims about products, services, availability, or business credentials

6. Legal and Regulatory Compliance

6.1 You must comply with all applicable New Zealand laws and regulations, including but not limited to:

  • Fair Trading Act 1986 (consumer protection and fair dealing)
  • Consumer Guarantees Act 1993 (product quality and fitness)
  • Privacy Act 2020 (personal information handling)
  • Goods and Services Tax Act 1985 (GST obligations)
  • Product Safety Standards under the Fair Trading Act
  • Unsolicited Electronic Messages Act 2007 (marketing communications)
  • Health and Safety at Work Act 2015 (product safety)
  • Weights and Measures Act 1987 (accurate measurements)

6.2 If you export products internationally, you must also comply with New Zealand export laws and the import laws and customs requirements of the destination country.

6.3 You are solely responsible for ensuring that all items you list and sell are safe, legal, compliant with applicable standards, and correctly represented in all respects.

6.4 You must hold and maintain any licenses, permits, certifications, or registrations required for your business type or the products you sell.

7. Product Listings and Standards

7.1 All product listings must be accurate, complete, current, and not misleading in any respect.

7.2 Listings must be placed in the correct category and must clearly and prominently state the product condition (new, refurbished, used, second-hand, open-box, etc.).

7.3 You must use genuine, lawful, and accurate images and descriptions that you own or are properly licensed to use. Images must accurately represent the actual product being sold.

7.4 All prices must be displayed in New Zealand Dollars (NZD) and, where you are GST-registered, must be inclusive of GST. Additional fees or charges must be clearly disclosed.

7.5 You must not list products that are illegal, counterfeit, stolen, subject to unresolved safety recalls, unsafe, infringing on intellectual property rights, or otherwise prohibited under Kapsule’s Prohibited Items Policy.

7.6 If a product becomes unavailable, is out of stock, or can no longer be supplied as described, you must immediately update or remove the listing to prevent customer disappointment and complaints.

7.7 Product descriptions must include all material information that would affect a Buyer’s purchasing decision, including size, weight, materials, ingredients (where applicable), country of origin, warranty information, and any limitations or restrictions.

8. Pricing, GST, and Promotional Practices

8.1 All prices must be displayed clearly in NZD. Where you are registered for GST, your displayed prices must include GST (GST-inclusive pricing).

8.2 Promotional offers, discounts, and sale claims must be genuine, not misleading, and must comply with the Fair Trading Act. Sale prices must not run indefinitely.

8.3 You must not increase the price of a product after a Buyer has placed an order, except with the Buyer’s express consent or where a clear error occurred.

8.4 Price gouging, excessive pricing during emergencies or shortages, and other exploitative pricing practices are strictly prohibited.

8.5 If you offer price matching, bundle deals, or other promotional pricing, you must honor these commitments in accordance with your stated terms.

9. Order Fulfilment and Shipping

9.1 Sellers are responsible for:

  • Packaging items securely and appropriately to prevent damage during transit
  • Dispatching orders within the handling time stated in the product listing
  • Providing valid tracking numbers where available and appropriate for the shipping method
  • Using reliable courier and postal services
  • Ensuring products are adequately protected and insured during shipping

9.2 Delivery time estimates must be realistic, achievable, and clearly stated in listings. Sellers must meet delivery estimates in at least 90% of cases, measured quarterly. Consistent failure to meet this performance standard may result in account restrictions or suspension.

9.3 Sellers must comply with all shipping and transport laws, including regulations relating to dangerous goods, restricted items, international shipping, and customs documentation.

9.4 Inventory levels displayed on Kapsule must be accurate and kept current to avoid overselling and order cancellations.

9.5 If unexpected delays occur, you must proactively communicate with the Buyer and Kapsule, providing updates and revised timeframes.

10. Returns, Refunds, and Consumer Guarantees

10.1 Kapsule coordinates the customer service process for returns and refunds to ensure consistency and protect Buyers, but Sellers must cooperate fully and promptly with all requests.

10.2 Sellers must honor the Consumer Guarantees Act 1993, which provides that Buyers are entitled to remedies (repair, replacement, or refund) where products are:

  • Faulty, defective, or not of acceptable quality
  • Not fit for their intended purpose
  • Not as described in listings or marketing materials
  • Unsafe or do not comply with product safety standards

10.3 Where Kapsule instructs a Seller to accept a return or issue a refund in accordance with consumer law or Kapsule’s policies, the Seller must comply within 5 business days of receiving the returned item or receiving notification from Kapsule.

10.4 If you choose to offer voluntary change-of-mind returns (which are not required by law for marketplace sellers), you must clearly state the conditions, timeframes, and any restocking fees in your store policy before purchase.

10.5 Sellers must not unfairly refuse returns or refunds for products that do not meet consumer guarantees or where Kapsule has determined a refund is warranted.

11. Customer Information and Privacy

11.1 Sellers may only use customer personal information provided by Kapsule for the specific purpose of fulfilling and supporting orders on the Kapsule platform.

11.2 Sellers must not:

  • Contact customers directly for marketing, promotional, or sales purposes outside Kapsule
  • Share, sell, or disclose customer information to any third party without explicit consent
  • Use customer information for purposes unrelated to order fulfilment
  • Retain customer information longer than necessary

11.3 Customer information must be stored securely using appropriate technical and organisational measures to prevent unauthorised access, loss, or misuse.

11.4 Unless retention is required for legal, tax, accounting, or warranty purposes, customer personal information must be securely deleted within 90 days after order completion or issue resolution.

11.5 Sellers must comply with the Privacy Act 2020 and handle personal information in accordance with privacy principles.

12. Reviews, Ratings, and Feedback

12.1 Sellers must not attempt to influence, manipulate, or distort customer reviews, ratings, or feedback in any way.

12.2 Specifically, Sellers may not:

  • Offer payments, discounts, refunds, free products, or other incentives in exchange for reviews
  • Request only positive reviews or ask customers to remove or modify negative reviews
  • Post reviews on their own products or on competitors’ products
  • Use multiple accounts or third-party services to generate fake reviews
  • Threaten, intimidate, or retaliate against customers who leave negative reviews

12.3 Sellers may request reviews from customers in a neutral, non-coercive manner through Kapsule’s permitted communication channels only, and only after successful delivery of the product.

12.4 Manipulation of reviews may result in immediate suspension, removal of all reviews, and potential account termination.

13. Performance Standards and Metrics

13.1 Sellers are expected to maintain high performance standards across key metrics, including:

  • On-time dispatch rate (target: 95% or above)
  • Order defect rate (target: below 1%)
  • Customer service response time (target: within 24 business hours)
  • Accurate stock management with minimal overselling or cancellations
  • Customer satisfaction ratings (target: 4.0 stars or above)

13.2 Kapsule monitors these performance metrics and may provide performance reports and improvement recommendations to Sellers.

13.3 Consistent failure to meet minimum performance standards may result in account warnings, restrictions on listing new products, reduced search visibility, or account suspension pending improvement.

13.4 Sellers who consistently exceed performance standards may be eligible for benefits such as enhanced visibility, promotional opportunities, or reduced fees.

14. Fees, Commission, and Payouts

14.1 Kapsule charges a commission of 8% on each successful sale (calculated on the total order value including GST where applicable).

14.2 Kapsule also charges a payment processing fee of approximately 3% on each transaction. The exact fee varies by payment method used by the Buyer (credit card, debit card, digital wallet) and is clearly shown in your payout statement.

14.3 Commission and payment processing fees are automatically deducted from the order total prior to payout to your nominated bank account.

14.4 Payouts are processed to the Seller’s nominated bank account according to the payout schedule shown in the Seller dashboard, typically on a weekly or monthly basis depending on your account settings.

14.5 We may withhold or delay payouts to cover pending refunds, chargebacks, customer disputes, penalties for policy violations, or unpaid fees.

14.6 Sellers must not attempt to bypass Kapsule’s payment system by requesting direct payments from Buyers. Any such attempt may result in immediate account termination.

Commission and Fee Change Policy

14.7 We may only change commission rates or payment processing fees under the following specific circumstances:

  • Documented changes to third-party payment processing costs from payment providers (such as Stripe, PayPal), with evidence of provider fee structure changes provided to Sellers
  • Significant increases in operational costs, defined as a minimum 20% documented increase in core operating expenses (such as platform hosting, security, compliance, or customer support costs)
  • Addition of substantial new features, tools, or services that provide material value to Sellers and enhance their selling capabilities
  • Changes required by law, regulatory requirements, court order, or government mandate

14.8 We will provide Sellers with at least 60 days advance written notice of any commission or fee increases through multiple channels:

  • Email notification sent to your registered email address
  • Prominent notice displayed in your Seller dashboard
  • Announcement posted on the official Seller updates page
  • Documentation of the specific reason and justification for the increase

14.9 During the 60-day notice period, Sellers have the following options:

  • Continue selling under the existing fee structure until the change takes effect
  • Close their account without penalty, outstanding fees, or early termination charges
  • Export all their sales data, customer data (as permitted), and transaction history
  • Complete fulfilment of all existing orders under current terms

14.10 Continued selling on Kapsule after the effective date of fee or commission changes constitutes acceptance of the new rates.

14.11 Fee decreases or promotional rate reductions may be implemented with shorter notice periods and are not subject to the restrictions in sections 14.7-14.9.

15. Intellectual Property Rights

15.1 Sellers must respect all intellectual property rights, including copyrights, trademarks, patents, and design rights, and must not list or sell products that infringe these rights.

15.2 By creating listings on Kapsule, Sellers grant Kapsule a non-exclusive, worldwide, royalty-free, transferable license to use, host, display, reproduce, and promote listing content (including images, descriptions, and product information) in connection with operating and marketing the marketplace.

15.3 Sellers represent and warrant that they own or have proper licenses for all intellectual property used in their listings and that listing content does not infringe any third-party rights.

15.4 If Kapsule receives a valid intellectual property complaint regarding your listings, we may remove or restrict the content while investigating. Repeated infringement claims may result in account termination.

16. Tax Obligations and Record-Keeping

16.1 Sellers are solely responsible for understanding and complying with all tax obligations, including GST registration (required when annual turnover exceeds NZD $60,000), tax reporting, and income tax obligations.

16.2 Where applicable, Sellers must provide valid, compliant tax invoices to Buyers for all sales, including required details such as GST number, invoice number, and itemised GST amounts.

16.3 Sellers must maintain accurate financial records of all transactions on Kapsule for at least 7 years as required by New Zealand tax law and the Goods and Services Tax Act 1985.

16.4 Kapsule may provide sales reports and transaction summaries to assist with tax compliance, but Sellers remain responsible for their own tax affairs.

17. Security and Data Integrity

17.1 Sellers must ensure that all product data, images, files, and integrations provided to Kapsule are free from malicious code, viruses, malware, or security vulnerabilities.

17.2 Attempts to gain unauthorised access to Kapsule systems, infrastructure, databases, or other Sellers’ accounts may result in immediate account suspension or termination and referral to law enforcement authorities.

17.3 Sellers must implement reasonable security measures to protect their account credentials and prevent unauthorised access to their seller account.

18. Insurance and Risk Management

18.1 Sellers are strongly encouraged to obtain and maintain appropriate insurance coverage, including:

  • Product liability insurance (particularly for higher-risk categories such as children’s products, electronics, cosmetics, health products, and food items)
  • Professional indemnity insurance (if applicable to your business)
  • Public liability insurance
  • Business interruption insurance

18.2 Insurance coverage does not limit or reduce a Seller’s legal responsibilities under New Zealand consumer law, this policy, or contractual obligations to Buyers.

18.3 Kapsule may request proof of insurance for certain product categories or Sellers and may require minimum coverage levels as a condition of selling in high-risk categories.

19. Enforcement, Suspension, and Termination

19.1 Kapsule reserves the right to investigate any suspected breaches of this policy or the Conditions of Use at any time.

19.2 We may request documentation, evidence, or information from Sellers, including but not limited to invoices, receipts, supplier information, compliance certificates, safety test reports, or proof of authenticity.

19.3 We may restrict, suspend, or terminate Seller accounts if:

  • A Seller breaches this policy, the Conditions of Use, or other Kapsule policies
  • A Seller fails to cooperate with investigations or provide requested documentation
  • A Seller’s actions create legal, financial, safety, or reputational risk for Kapsule, other Sellers, or Buyers
  • Required by law, court order, or regulatory authority

19.4 Serious breaches such as selling counterfeit goods, fraud, deliberate deception, safety violations, or security breaches may result in immediate account termination without prior warning, withholding of funds pending investigation, and potential legal action.

19.5 Upon suspension or termination, Sellers must:

  • Complete fulfilment of all outstanding orders
  • Process any pending returns or refunds
  • Pay any outstanding fees, penalties, or charges
  • Cease using Kapsule branding and intellectual property

19.6 Sellers may appeal account suspension or termination decisions by contacting support@kapsule.co.nz with detailed information and evidence supporting their case. Appeals will be reviewed by a different team member not involved in the original decision.

20. Indemnification and Limitation of Liability

20.1 Sellers agree to indemnify, defend, and hold harmless Kapsule, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

  • Products listed or sold by the Seller
  • Breach of this Seller Policy or the Conditions of Use
  • Violation of any applicable laws or regulations
  • Infringement of third-party intellectual property or other rights
  • The Seller’s conduct, actions, or omissions on the platform

20.2 To the maximum extent permitted by law, Kapsule’s total liability to any Seller for any claims arising from or related to the seller services is limited to the total commission and fees paid by that Seller to Kapsule in the three months immediately preceding the event giving rise to the claim.

20.3 Nothing in this section limits liability that cannot be excluded or limited by law, including liability for fraud, willful misconduct, or gross negligence.

21. Governing Law and Dispute Resolution

21.1 This Seller Policy & Code of Conduct is governed by and construed in accordance with the laws of New Zealand.

21.2 Both parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.

21.3 Before commencing formal legal proceedings, parties agree to:

  • Contact support@kapsule.co.nz with full details of the dispute
  • Attempt to resolve the matter through good faith negotiations for at least 30 days
  • Consider alternative dispute resolution methods such as mediation

21.4 Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction where necessary to prevent immediate harm.

22. Account Closure and Withdrawal

22.1 Sellers may request closure of their Kapsule seller account at any time by contacting support@kapsule.co.nz.

22.2 Before account closure can be completed:

  • All pending orders must be fulfilled and delivered
  • All active returns and refunds must be processed
  • Any outstanding fees or charges must be paid
  • All disputes must be resolved

22.3 Final payouts will be processed according to the normal payout schedule after all obligations are satisfied.

22.4 After account closure, Sellers remain responsible for warranty obligations, product recalls, and any legal obligations arising from sales made while the account was active.

22.5 Kapsule may retain certain transaction records and information as required by law for up to 7 years for tax, legal compliance, and regulatory purposes.

Contact

For questions, concerns, or clarifications regarding this Seller Policy & Code of Conduct, please contact:

Email: support@kapsule.co.nz

Postal Address:
One&Only Group Limited (Kapsule)
Suite 13063, Level 1
6 Johnsonville Road
Johnsonville, Wellington, 6037
New Zealand