SEWSHARE LLC MARKETPLACE SELLER AGREEMENT
Last Updated: September 12, 2025
Overview of SewShare’s Seller Marketplace Terms
Hello and welcome! We’re thrilled to partner with you in building the most fantastic Community and Marketplace for sewing enthusiasts. This document is the full legal agreement governing our relationship, and we encourage you to read it carefully. To help you get started, here’s a plain-language summary of the most important points.
Our Partnership: A Quick Overview
The core of our new relationship is simple: You are the creative Seller (Supplier), and SewShare is the Community and Marketplace (Retailer).
- We Are the Seller of Record: When a customer buys your product on SewShare, you are technically selling that product to us at that exact moment, and we are then selling it to the customer.
- The Biggest Benefit for You: Because we are the official seller to the customer, SewShare handles the complexity of calculating, collecting, and remitting all sales taxes. This lets you focus on creating and selling your wonderful patterns and products..
Your Key Responsibilities as a Seller
- Product Listings & Rights: You provide high-quality photos and accurate descriptions for your patterns and products. You must own or have the undisputed legal right to sell everything you list.
- Inventory: You are responsible for keeping your inventory counts accurate and up-to-date on the Platform to avoid selling out-of-stock items.
- Pricing: You set the retail price for your products. Our only rule is that your pricing on SewShare must be at least as good as on your own website or any other marketplace.
- Order Fulfillment: You pack and ship all orders for physical products directly to the customer on our behalf.
- Packaging: Please do not include any of your own marketing materials, flyers, or links to other websites in your packages.
- Customer Service: You will be the primary contact for questions about your specific products, shipping status, or order issues.
- Returns: You manage the logistics of returns according to your own policy. Once you approve a refund, you simply notify us through your Seller Dashboard, and we will process the refund to the customer for you.
How You Get Paid
We believe in a clear and simple financial partnership.
- Your Payout: Your payout is calculated with a straightforward formula: (Your Product’s Retail Price x Your Seller Rate) – a small per-item platform fee.
- SewShare Commission: SewShare’s commission (our share) is used to cover our operating costs and provide the SewShare Community platform free of charge to the sewing community.
- Payment Processor Fees: Third-party payment processor fees (e.g., PayPal) fees will be deducted from your base payout. These fees average 5% (but can range up to 11% for small transations). SewShare is responsible for remitting the payment processor fees, and SewShare will pay any additional payment processor fees above 5% out of the SewShare Commission.
- Shipping Fees: You set your own shipping rates, and you receive 100% of the shipping fee paid by the customer. SewShare will collect and pay the shipping tax.
- Payment Schedule: We pay on a Net-30 schedule. This means payment for all of your sales in a given month will be sent to you by the end of the following month (e.g., September sales are paid by the end of October).
A Few Final Legal Points
- Indemnification: In short, you are legally and financially responsible for your products. If an issue arises from your product (like a copyright claim or a safety issue) that causes a legal problem for SewShare, you agree to cover the costs.
- Taxes: To be perfectly clear, while we handle sales tax, you remain solely responsible for reporting and paying income tax on the payouts you receive from us.
- The Full Agreement: This summary is a guide. The full legal agreement below is the binding document that governs our partnership.
We believe this model creates the best possible experience for you and our shared customers. Thank you for joining the SewShare Community!
SEWSHARE LLC RETAILER AND SUPPLIER AGREEMENT
This Retailer and Supplier Agreement (“Agreement”), including all schedules and policies referenced herein, is entered into between SewShare LLC, a Texas Limited Liability Company located in Houston, Texas (“SewShare,” “we,” “us,” or “our“), and the individual or entity applying to sell products through the SewShare platform (“Seller,” “you,” or “your“).
By submitting your application to sell on the SewShare platform, or by listing any Products for sale, you agree to be bound by all terms and conditions of this Agreement. You represent and warrant that you have the full legal authority to enter into this Agreement on behalf of yourself or the entity you represent.
ARTICLE 1: THE AGREEMENT & OUR RELATIONSHIP
1.1. Scope and Relationship of the Parties. This Agreement governs your role as a supplier of digital and/or physical goods (“Products“) to SewShare on a consignment basis, and our role as the retailer of those Products to end customers (“Customers“) through the SewShare.com site and any related applications (the “Platform“). For all purposes related to transactions with Customers, SewShare will act as the sole seller of record. You and SewShare are independent contractors, and nothing in this Agreement creates any agency, partnership, joint venture, or employee-employer relationship.
1.2. Title Transfer. The title and ownership of a Product shall pass directly from you to SewShare at the precise moment a Customer completes the purchase of that Product from SewShare on the Platform. Simultaneously, title passes from SewShare to the Customer. You retain title and risk of loss for all Products until this transfer occurs.
1.3. Legal Right to Sell and Product Authenticity. You represent and warrant that:
(a) You are the creator, owner, or have the undisputed legal right and authority to sell and transfer title to all Products you list on the Platform.
(b) All Products are authentic, new, legal, and not counterfeit, stolen, or misbranded.
(c) Your Products and all associated content do not and will not infringe upon any third-party’s Intellectual Property Rights (defined as any patent, copyright, trademark, trade secret, moral right, or other intellectual or proprietary right).
(d) You will comply with all applicable laws, regulations, and industry standards (“Laws”), including those related to product safety, labeling, testing, and consumer protection. Upon request, you will promptly provide SewShare with any documentation proving authenticity, your right to sell, or compliance with applicable Laws.
ARTICLE 2: SELLER OBLIGATIONS
2.1. Product Content and License Grant. You are responsible for providing accurate, complete, and high-quality descriptions, images, and any other content for each Product listing (“Seller Content“). You hereby grant SewShare and its affiliates a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, and irrevocable right and license to use, modify, reproduce, distribute, display, and transmit the Seller Content and your name, trademarks, and logos (“Seller Marks“) in connection with the operation of the Platform and the marketing and promotion of the Products and SewShare across any medium. You warrant that you have all necessary rights to grant this license.
2.2. Inventory Management. You will use the tools provided on the Platform to maintain an accurate and up-to-date inventory count for all listed Products. You are responsible for preventing orders for out-of-stock items.
2.3. Pricing and Price Parity. You will set the retail price (“Retail Price“) for each Product. You agree that the Retail Price and all other terms of sale (including discounts and shipping fees) will be at least as favorable to Customers on the Platform as the terms offered for the same Products on your own websites or any other third-party sales channel.
2.4. Order Fulfillment and Shipping (For Physical Products).
(a) Responsibility. You are solely responsible for, and bear all costs and liability for, fulfilling all Customer orders on behalf of SewShare. This includes, if applicable, professionally packaging and shipping Products directly to the Customer within the timeframe specified in your shipping policy.
(b) Shipping Rates. For physical products, you will define your shipping rates for various geographic zones using the tools provided on the Platform. You are responsible for keeping these rates current.
(c) Packaging. All packaging and communications with the Customer (including packing slips and emails) must be neutral or feature SewShare branding as directed by us. They must not contain any of your marketing materials, inserts, or links that direct Customers to any other sales channel or website besides SewShare.com.
(d) Order Cancellation. You must promptly cancel any order you cannot fulfill and notify SewShare immediately. Failure to timely ship an order may result in automatic cancellation by SewShare, and you will forfeit any payment related to such order.
2.5. Customer Service. You will be the first point of contact for and will manage all Product-specific and order-specific Customer inquiries (e.g., questions about product features, use, defects, or shipment status). You agree to provide timely and professional support. In all communications, you will represent yourself as a separate entity from SewShare. SewShare will manage Customer inquiries related to the Platform’s functionality, customer accounts, and payment processing.
2.6. Returns, Refunds, and Recalls.
(a) Policy. You will establish a clear return policy for your Products, which must be no less favorable to Customers than standard e-commerce practices and your policies on other channels.
b) Logistics and Refund Processing. You are responsible for managing all logistics for Customer returns—including providing return instructions and handling the returned Products—in accordance with your stated policy. Once you have received a returned item and approved a refund, you must submit an authorized refund request to SewShare through the Seller Dashboard. Upon receiving your authorized request, SewShare will process the cash refund to the Customer on your behalf. The full amount of any refund processed by SewShare will be deducted from your next scheduled Supplier Payment.
(c) Recalls. You are solely responsible for any Product recalls. You must immediately notify SewShare of any recall and remove the affected Product from the Platform. You will bear all expenses associated with any recall.
ARTICLE 3: FINANCIAL & TAX TERMS
3.1. Seller Payout Calculation. For each Product purchased from you by SewShare (at the moment of a Customer sale), SewShare shall pay you an amount (“Seller Payout“) calculated as follows:
Seller Payout = (Retail Price x Seller Rate) – Per-Transaction Platform Fee
The specific Seller Rate and Per-Transaction Platform Fee are defined in the Financial Schedule (Appendix A).
3.2. Payment Processing Fees. Third-party payment processor fees (e.g., PayPal) fees will be deducted from Seller’s base payout. These fees average 5% (but can range up to 11%). SewShare is responsible for remitting the payment processor fees. SewShare will pay any additional payment processor fees above 5% out of SewShare Commissions.
3.3. Shipping Fee Remittance (For Physical Products). SewShare will collect the shipping fee, as set by you, from the Customer. This collected fee will be remitted to you in full, without deduction, as part of your scheduled Seller Payout. You acknowledge that SewShare’s obligation is limited to remitting the amount actually collected and bears no liability for losses you may incur due to inaccurate or outdated shipping rates in your settings.
3.4. Payment Schedule. SewShare will remit all Seller Payouts due to you on a Net-30 basis, calculated from the last day of the calendar month in which the sales occurred. For example, payment for all sales in September will be issued by October 30th. Payments will be made to the valid payment account you provide in your Seller Dashboard. SewShare may delay or withhold payments pending investigation if we believe your actions pose a risk of customer disputes, fraud, or other liabilities.
3.5. Tax Responsibilities.
(a) Sales & Transaction Taxes. As the seller of record, SewShare is solely responsible for calculating, collecting, and remitting all applicable sales, use, Value Added Tax (VAT), Goods and Services Tax (GST), and other transaction-based taxes due on the final sale to the Customer.
(b) Income Taxes. You are solely responsible for reporting and paying all applicable federal, state, and local income taxes on the Seller Payouts you receive from SewShare. This Agreement does not create a tax partnership.
3.6. Seller Tax Documentation. You agree to provide SewShare with a valid and complete IRS Form W-9 (for U.S.-based Sellers) or the appropriate Form W-8 (for non-U.S. Sellers) upon registration and as subsequently requested. SewShare will provide you with IRS Form 1099-NEC or another applicable tax form annually, as required by law, reporting the total payments made to you.
ARTICLE 4: LEGAL TERMS & CONDITIONS
4.1. Indemnification. You will defend, indemnify, and hold harmless SewShare LLC and its officers, directors, employees, and agents from any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (i) any breach of your representations, warranties, or obligations under this Agreement; (ii) your Products, including any claims of personal injury, property damage, defect, or infringement of any Intellectual Property Rights; (iii) any Seller Content you provide; (iv) your failure to comply with any applicable Laws; or (v) any taxes for which you are responsible.
4.2. Limitation of Liability. IN NO EVENT SHALL SEWSHARE BE LIABLE FOR ANY LOST PROFITS, OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. SEWSHARE’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE TOTAL SELLER PAYOUTS PAID BY SEWSHARE TO YOU IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
4.3. No Warranties. THE PLATFORM AND ANY SEWSHARE TOOLS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SEWSHARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
4.4. Confidentiality. You agree to treat as confidential all non-public information provided by SewShare, including the terms of this Agreement, customer information, and business plans (“Confidential Information“). You will not disclose Confidential Information to any third party and will use it only for the purpose of fulfilling your obligations under this Agreement. This obligation survives the termination of this Agreement.
4.5. Termination. SewShare may terminate this Agreement or suspend your account at any time for any reason in its sole discretion by providing notice. You may terminate this Agreement by providing 30 days’ written notice to SewShare. Upon termination, you must fulfill any outstanding Customer orders, and SewShare will remit any final payments due to you in the next scheduled payment cycle. Sections 1.3, 2.1, and all of Articles 3 and 4 shall survive termination.
4.6. Governing Law and Dispute Resolution. This Agreement shall be governed by the laws of the State of Texas, without regard to its conflict of law principles. The exclusive venue and jurisdiction for any disputes arising from this Agreement shall be the federal and state courts located in Harris County, Texas.
4.7. Miscellaneous.
(a) Integrated Agreement. This Agreement, all SewShare User Agreements, and all Seller specific agreements including Terms and Policies, including the Seller Fee Schedule, Seller Supplemental Privacy Policy, Seller Individual Store Terms and Conditions, and Seller Shipping Policy and any documents linked or referenced herein, which are incorporated by reference into this Agreement constitutes the complete integrated agreement between the parties concerning the subject matter of this Agreement.
(b) Responsibility for Affiliates and Agents. You will be responsible for any actions taken by your affiliates, agents, or other third parties on your behalf in connection with this Agreement.
(c) Ongoing Warranties. Except as otherwise expressly provided in this Agreement, the representations and warranties made in this Agreement are continuous in nature and will be deemed to have been given by Seller at the execution of this Agreement and each stage of performance of this Agreement.
(d) Insurance. You may have obligations to customers or others in the event of claims for damage or injury arising from your operations or products you sell. At our request, you will provide to us certificates of insurance, complete insurance policies, and any other related documents evidencing the required insurance coverage.
(e) Publicity. You may use the name, logo, trademarks or trade names of SewShare.com or any of their affiliates or otherwise, directly or indirectly, refer to SewShare.com of any of its affiliates in any publicity release, promotional material, customer or partner list, advertising, marketing or business-generating effort, whether written or oral, for the sole purpose of sending traffic to your SewShare Seller Store or SewShare.com. For any other use, you must obtain the prior written consent of SewShare.com.
(f) Export Control. Seller will not use the SewShare Marketplace to directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited.
(g) Waiver. The waiver by either party of a breach of or a default under any provision of this Agreement shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have operated as a waiver of any right or remedy.
(h) Attorney’s Fees. In the event either party brings any action or proceeding against the other under this Agreement, each party will be responsible for its own attorney’s fees, costs, and expenses.
(i) Force Majeure. SewShare.com will not be liable for any delay or failure to perform any of its obligations under this Agreement by reasons, events, or other matters beyond its reasonable control.
This Agreement, including Appendix A and all incorporated policies, constitutes the entire agreement between the parties and supersedes all prior agreements. SewShare may amend this Agreement by posting updates to the Seller Dashboard; your continued use of the Platform constitutes acceptance. You may not assign this Agreement without our prior written consent. If any provision is deemed unenforceable, the remaining provisions will continue in full force.
