Last updated: 9 September 2025
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 and that it is also bound by these terms.
1.3 If you do not agree, you must not use Kapsule to sell.
2. Kapsule’s role
2.1 Kapsule is an online marketplace where third-party Sellers offer goods directly to Buyers.
2.2 The contract of sale is between the Buyer and the Seller.
2.3 Kapsule provides the platform, payment collection and processing services, and post-purchase customer support.
2.4 Sellers are responsible for creating accurate listings, supplying lawful and safe products, meeting legal and tax obligations, and dispatching orders promptly.
2.5 Kapsule manages customer service (enquiries, complaints, returns, and refunds). Sellers must cooperate promptly to resolve issues.
3. Changes to this policy and services
3.1 We may update this policy from time to time. Unless stated otherwise, changes take effect immediately when published.
3.2 If we make a materially adverse change, we will provide advance notice where practicable.
3.3 Continued use of Kapsule after any change constitutes acceptance of the updated policy.
4. Eligibility and accounts
4.1 You must be legally able to sell in New Zealand and comply with all relevant laws and regulations.
4.2 You are responsible for maintaining accurate and up-to-date account details, including contact information, business registration details, GST status, and bank account information.
4.3 You may operate only one Kapsule seller account unless we approve additional accounts for legitimate business reasons.
4.4 You must protect your login credentials and notify us immediately if compromised.
5. Seller code of conduct
5.1 All Sellers must act fairly, lawfully, and honestly to ensure a safe marketplace.
5.2 Sellers must:
(a) Provide accurate, truthful, and up-to-date information in accounts and listings.
(b) Comply with all applicable laws, including consumer, privacy, product safety, and tax requirements.
(c) Ensure products meet quality and safety standards.
(d) Cooperate fully with Kapsule in customer service matters.
(e) Honour commitments made in listings, including price, delivery times, and product descriptions.
5.3 Sellers must not:
(a) Manipulate search results, traffic, sales rank, or performance metrics.
(b) Influence, buy, or artificially inflate customer reviews.
(c) Contact Buyers directly for marketing or off-platform sales.
(d) List prohibited, unsafe, counterfeit, or infringing products.
(e) Misuse customer data or share it with unauthorised parties.
(f) Operate multiple accounts without approval.
(g) Attempt to damage another Seller’s reputation or operations.
(h) Engage in exploitative pricing or price gouging.
6. Legal compliance
6.1 You must comply with all applicable New Zealand laws, including but not limited to the Fair Trading Act 1986, Consumer Guarantees Act 1993, Privacy Act 2020, Goods and Services Tax Act 1985, Product Safety Standards under the Fair Trading Act, and the Unsolicited Electronic Messages Act 2007.
6.2 If you export products, you must comply with the laws and import requirements of the destination country.
6.3 You are responsible for ensuring that all items listed are safe, legal, and correctly represented.
7. Listings and product standards
7.1 All listings must be accurate, complete, and up-to-date.
7.2 Listings must be categorised correctly and clearly state whether products are new, refurbished, or used.
7.3 You must use genuine and lawful images and descriptions that you own or are licensed to use.
7.4 Prices must be displayed in NZD and inclusive of GST where applicable.
7.5 You must not list products that are illegal, counterfeit, stolen, recalled, unsafe, infringing on intellectual property rights, or otherwise prohibited under Kapsule’s Prohibited Items Policy.
7.6 If a product becomes unavailable, you must update or remove the listing immediately.
8. Pricing, GST, and promotions
8.1 All prices must be displayed in NZD. Where you are GST-registered, prices must include GST.
8.2 Promotions, discounts, and sale claims must be genuine and not misleading. Sales must not run indefinitely.
8.3 You must not increase the price of a product after an order is confirmed.
8.4 Price gouging or exploitative pricing is prohibited.
9. Fulfilment and shipping
9.1 Sellers are responsible for:
(a) Packaging items securely and appropriately.
(b) Dispatching orders within the handling time stated in listings.
(c) Providing valid tracking numbers where available.
9.2 Delivery estimates must be realistic and achievable.
9.3 Sellers must use reliable carriers and comply with shipping laws, including those relating to dangerous goods.
9.4 Inventory levels must be accurate to avoid overselling.
10. Returns and refunds
10.1 Kapsule manages the customer service process for returns and refunds, but Sellers must cooperate fully.
10.2 Sellers must honour the Consumer Guarantees Act 1993. Buyers are entitled to remedies if products are faulty, unsafe, not as described, or delivered incorrectly.
10.3 Where Kapsule instructs a Seller to accept a return or issue a refund, the Seller must comply without delay.
10.4 If change-of-mind returns are offered, Sellers must clearly state the conditions in their store policy.
11. Customer information
11.1 Sellers may only use customer information provided by Kapsule for fulfilling orders.
11.2 Sellers must not contact customers directly for marketing or solicitations.
11.3 Customer information must be securely stored and deleted when no longer required.
12. Reviews and feedback
12.1 Sellers must not attempt to influence or manipulate customer reviews or ratings.
12.2 Sellers may not:
(a) Offer payments, discounts, or incentives in exchange for reviews.
(b) Ask for only positive reviews or request removal of negative reviews.
(c) Post reviews on their own products or competitors’ products.
12.3 Sellers may request reviews neutrally through permitted Kapsule channels only.
13. Performance standards
13.1 Sellers must meet the following standards:
(a) On-time dispatch of orders.
(b) Accurate stock management with no overselling.
(c) Supplying items that match listings and comply with New Zealand law.
(d) Cooperating with Kapsule to resolve customer complaints promptly.
13.2 Consistent failure to meet these standards may result in suspension, restrictions, or account termination.
14. Fees, commission, and payouts
14.1 Kapsule charges a commission of 8% on each successful sale.
14.2 Kapsule also charges a 3% payment processing fee on each transaction, which is deducted automatically when Sellers receive their payout.
14.3 Commission and fees are deducted automatically prior to payout.
14.4 Payouts are made to the Seller’s nominated bank account according to the schedule shown in the Seller dashboard.
14.5 We may withhold funds to cover refunds, chargebacks, penalties, or unpaid fees.
14.6 Sellers must not attempt to bypass Kapsule’s payment system.
14.7 Kapsule reserves the right to change comissions and payment processing fees, we will however give at least 30 days notice and will only change the fee for good reason.
15. Intellectual property
15.1 Sellers must respect the intellectual property rights of others and not list or sell infringing products.
15.2 Sellers grant Kapsule a non-exclusive, royalty-free licence to host, display, and promote listing content in connection with operating the marketplace.
16. Taxes and records
16.1 Sellers are responsible for GST registration, tax reporting, and providing valid tax invoices to Buyers where required.
16.2 Sellers must maintain accurate records of all transactions.
17. Security and data integrity
17.1 Sellers must ensure that all product data, images, and integrations provided to Kapsule are free from malicious code, malware, or vulnerabilities.
17.2 Attempts to gain unauthorised access to Kapsule systems may result in immediate suspension or termination.
18. Insurance
18.1 Sellers are strongly encouraged to hold product liability insurance, particularly in higher-risk categories.
18.2 Insurance does not limit a Seller’s responsibility under New Zealand law or this policy.
19. Enforcement and suspension
19.1 We may investigate suspected breaches at any time.
19.2 We may request documentation such as invoices, compliance certificates, or proof of authenticity.
19.3 We may restrict, suspend, or terminate accounts if a Seller breaches this policy, fails to cooperate, or creates legal or reputational risk for Kapsule.
19.4 Serious breaches such as counterfeit sales, fraud, or security risks may result in immediate termination and withheld funds.
19.5 On suspension or termination, Sellers must complete outstanding orders, process refunds, and pay any outstanding fees.
20. Indemnity and limitation of liability
20.1 Sellers indemnify Kapsule and its officers, employees, and agents against any claims, costs, or damages arising from their listings, products, conduct, or breach of this policy.
20.2 To the maximum extent permitted by law, Kapsule’s liability to Sellers is limited to the total commission paid by the Seller in the three months preceding the event giving rise to the claim.
21. Governing law
21.1 This Seller Policy & Code of Conduct is governed by New Zealand law.
21.2 Both parties submit to the non-exclusive jurisdiction of the New Zealand courts.
22. Contact
For questions or concerns regarding this Seller Policy & Code of Conduct, please contact:
One&Only Group Limited (Kapsule)
Suite 13063, Level 1, 6 Johnsonville Road
Johnsonville, Wellington, 6037
New Zealand