Verkopersovereenkomst

Dit document is alleen in het Engels beschikbaar.

This agreement is between you, as a creator who sells on Headpat Shop, and Dominic Stilma, trading as Headpat, Friedhofsweg 10, 49843 Uelsen, Germany ("Headpat", "we", "us"). It applies when you open a shop and adds to our terms of service, which also apply to you.

1. How selling works

Headpat is the merchant of record. You grant us the right to sell your products to buyers in our own name. Buyers pay us, we issue the invoice, collect and pay any tax due on the sale, and handle refunds and chargebacks. You receive your share of each sale as a transfer to your Stripe account.

2. Who can sell

To sell you must:

be at least 18 years old,
live in or be established in a country where we can pay you through Stripe Connect Express (currently the United States, the United Kingdom, the countries of the European Economic Area, Canada and Switzerland),
complete Stripe's identity verification, and
turn on two-factor authentication for your account.

You can only publish products and receive transfers once Stripe has verified you and two-factor authentication is on.

3. Prices

You choose euros or US dollars for your shop; all your prices are in that currency. You can change it until you publish your first product. You set net prices, without VAT. We add any tax that applies to each buyer.

Paid products cost at least 1.00 EUR or 1.00 USD. You can also offer pay-what-you-want prices with a minimum, free products, and discount codes.

4. Our fee

Our fee is 10% of the net price of each sale, unless we have agreed a different rate with you in writing. The fee includes payment processing, tax calculation, invoicing, currency conversion, payout and chargeback fees. Free products cost you nothing.

5. Transfers

We transfer your share (the net price minus our fee) to your Stripe account in euros 7 days after the sale. Shares of US dollar sales are converted at the exchange rate of the payment. During your first 30 days as a seller, and until you have made 10 sales, we transfer 14 days after the sale. Stripe then pays out to your bank on its own schedule.

We can hold transfers while we look into a report, a copyright notice, a chargeback or suspected fraud. Held transfers are marked as held in your dashboard.

6. Refunds and chargebacks

Buyers can refund a product themselves within 14 days if they have not downloaded it. After a download, a buyer can ask for a refund, and you or our staff decide. Our refund policy has the details.

When we refund an order, we take back your share of it, in proportion to the refunded amount, and return our fee.

When a buyer files a chargeback, we answer it with the evidence we hold. If we lose, we take back your share of that order and record a strike on your shop (see section 9). We pay the chargeback fee ourselves.

7. Your products

You confirm that you own your products or have every right needed to sell them, including for any third-party assets inside them. Your listings must describe the product accurately, and your files must not contain malware.

Headpat Shop is for safe-for-work content only.

Each product needs license terms for buyers, either one of our presets or your own text. The license a buyer accepts at checkout is stored with their purchase and keeps applying to them even if you change it later.

You keep all rights in your products. You grant us a non-exclusive, worldwide license, for as long as the product is on Headpat Shop and afterwards for buyers who already bought it, to store your files, deliver them to buyers, show your listing and preview media, and use your listing material to promote Headpat Shop.

8. Buyer data

If you offer a free product in exchange for an email address, buyers who get it share their email address with you. You may only use it for what you told them at checkout, and you are responsible for handling it lawfully.

9. Reports, takedowns and strikes

Anyone can report a product or shop, and rights holders can send a copyright notice through our notice form. We review every report and notice.

If a notice is valid, we unpublish the product and can block its downloads. Breaches of this agreement, and chargebacks we lose, are recorded as strikes on your shop. Strikes count for 12 months. Repeated or serious breaches can lead us to freeze your shop, which unpublishes all your products and holds your transfers, or to close it.

If you think we got something wrong, write to help@headpat.shop and we will look at it again.

10. Taxes

We handle VAT and sales tax on sales to buyers. You are responsible for your own taxes on the transfers you receive.

11. Closing your shop

You can stop selling at any time by unpublishing your products. You can delete your account once no transfers are scheduled, no money is owed, and no refund requests, chargebacks or checkouts are open. If you have made sales, your shop is then closed and anonymised instead of deleted, because orders, invoices and buyers' libraries depend on it. Buyers keep access to products they bought.

We can end this agreement with 30 days' notice, or immediately for serious breaches. Transfers for sales made before the end are still paid, unless they are reversed by a refund or chargeback.

12. Liability

The liability rules in section 11 of our terms of service apply. You are responsible for claims by third parties that arise because your products or listings break the law or someone else's rights.

13. Changes and law

We tell you about changes to this agreement by email at least 30 days before they take effect. If you do not agree, you can close your shop before then. German law applies.

14. Commissions

If you offer commissions, the rules above apply with these additions.

You quote a net price for each request, at least the shop minimum. The buyer pays it in full before you start; our fee is 10% of it, as for products.
We hold your share until the commission is complete: when the buyer accepts the delivery, or 7 days after delivery if the buyer neither accepts, asks for a revision nor opens a dispute. Then we transfer your share right away.
You deliver through Headpat Shop and give the revisions your offer includes. You can cancel any time before delivery; the buyer then gets a full refund and you get nothing.
Either side can open a dispute while work is in progress or after delivery. Headpat staff decide on a full refund, a partial refund or payment to you, based on the conversation and the files. After a partial refund, you get the rest of your share.
Keep the conversation for the commission on Headpat Shop. It is the record we rely on in disputes and chargebacks.

15. Memberships

If you offer memberships, the rules above apply with these additions.

You set a net monthly price for each tier, at least the shop minimum. Our fee is 10% of every monthly payment, as for products.
We transfer your share of each payment 7 days after it succeeds.
Products you include in a tier must stay available to its members, and to members of higher tiers, while their memberships run. Members lose that access when their membership ends.
A new price applies to new members only. If you archive a tier, nobody can join it any more, but current members keep paying and keep their access until they cancel.
Refunds and chargebacks of a monthly payment work as for products: we take your share of that payment back. A lost chargeback also ends that membership right away.
While your shop has members, you can't delete your account. Archive your tiers and wait until the memberships have ended.

16. Affiliates

You can let affiliates promote a product and choose their percentage, from 1% to 50% of the price after discounts.

The affiliate's share comes out of your share; our fee stays 10% of the price.
The setting applies to purchases started while it is on. Turning it off or changing the percentage doesn't change earlier purchases.
On a refund or chargeback, both your share and the affiliate's share are taken back.
Your sales list and exports show which purchases came through an affiliate and what they earned. Affiliates never see who bought.