1. About these terms
1.1 These Seller Terms form part of our Terms of Service when you sell (section 4.2). They are a contract between you and Manda SENC, 418, avenue des Pins Ouest, bureau 40, Montréal (Québec) H2W 1S2, Canada, which runs Tokyofishmarket. "We" means Manda SENC. "You" means the seller.
1.2 The fees you pay, how buyers pay you, and when you are paid are set out in Payments & Payouts. That is the document section 8.4 of the Terms of Service refers to for seller fees. These Seller Terms do not repeat any fee.
1.3 How listings are ranked, how we treat our own TFM Official listings, and your rights when we restrict, suspend or end your selling are set out in the Seller Transparency Terms.
1.4 Nothing in these terms, or in any conditions of sale you publish for your booth, limits the rights the law gives your buyers as consumers (Terms of Service, sections 4.4 and 9.2).
2. Who can sell
2.1 To sell, you must:
- hold a Tokyofishmarket account in your own name, and only one (Terms of Service, section 6.1);
- be at least 18 years old, or the age of majority where you live if it is higher (Terms of Service, section 5.3);
- be established in a country we support for sellers, which onboarding shows you;
- apply to sell and be approved by us;
- open a Stripe connected account through our onboarding and pass Stripe's identity checks;
- give us the tax information described in Platform Tax Reporting;
- not be barred from selling by sanctions law or by an earlier closure of your account for breach.
2.2 We can refuse an application because the profile is incomplete, the verification failed, the applicant is under age, the applicant broke our rules before, or the activity looks suspicious. We tell you the reason, and you may contest it as described in section 11.
2.3 The information you give us must be true and kept up to date. Giving a false date of birth, identity or business status is a breach of these terms. It leads to rejection of your application or to the sanctions in section 10.
3. Selling as a business or as a private individual
3.1 During onboarding we ask whether you sell through an incorporated business. That answer is used for tax reporting, and your listings show a label based on it: "Individual" if you are not incorporated, "Professional" if you are. The label reflects incorporation only. It is not a declaration of whether you act as a trader: a sole proprietor who runs a business without incorporating is labelled "Individual".
3.2 If you sell as part of a trade or business, whether or not it is incorporated, you must tell buyers so, clearly, before they order, and you must meet the obligations the law places on businesses that sell to consumers (Terms of Service, section 7.3). These include, where they apply to you, giving your business name and address, honouring the legal warranty, honouring any right to cancel a distance purchase, and publishing the disclosures required in Japan (see Commercial Disclosure for Japan) and in Korea (see Business Information for Korea).
3.3 Selling as a business while presenting yourself as a private individual is a breach of these terms. We may remove the affected listings and apply the sanctions in section 10. You may contest our decision as described in section 11.
4. What you may list
4.1 You may list only items and services you have the right to sell and that are legal to sell and to send where you ship them. Items and content that are never allowed are listed in Acceptable Use and the Community Guidelines.
4.2 Your listing must describe the item accurately, including its condition and whether it is official merchandise. Photos must show the item you are selling. You may add manufacturer images, but not in place of your own photos of a second-hand item.
4.3 You must not infringe anyone's intellectual property. We act on copyright notices as DMCA & Copyright describes.
4.4 A listing for adult content must be rated as such when you create it, so that it is shown only to users allowed to see adult content under section 5.3 of the Terms of Service. A wrongly rated listing is removed, and the sanctions in section 10 apply.
4.5 Each listing has a minimum price, set per currency: CAD 3.50, USD 2.50, EUR 2.50, GBP 2.00, JPY 400, CHF 5.00, SGD 3.50, DKK 25.00, NOK 25.00, SEK 30.00, CZK 65.00, HUF 850.00, PLN 10.00, RON 10.00 and THB 100.00. These are the currencies in which a booth can list.
4.6 If you do not sell through an incorporated business, each listing offers one unit, except for group buys.
4.7 A listing stays live for up to 365 days. You can renew it up to 5 times.
4.8 We review some listings before they are published: your first listing, any listing rated for adults, any listing delivered as a digital file, and every listing while your seller account is at the newcomer trust tier. Other listings are published straight away. We may review any listing at any time.
4.9 If a listing breaks these rules, we remove or restrict it and tell you why, as Reporting Illegal Content and Appealing Our Decisions describes. You may contest our decision as described in section 11.
5. Prices and what the buyer pays
5.1 The price on your listing is the price of the item. At checkout, the buyer also pays shipping, at the rate in your shipping profile for their delivery address, and the sales taxes we are required to collect. Checkout shows both before the buyer confirms (Shipping & Delivery, section 3, and Payments & Payouts, section 3).
5.2 You must not ask a buyer to pay you any extra amount outside the platform for an order placed on it, or to complete a purchase they found on the platform somewhere else.
5.3 You may set your own conditions of sale for your booth. They add to these terms and cannot replace them (Terms of Service, section 4.4).
6. Orders
6.1 You must confirm or decline each order within 72 hours after it is placed. If you do neither, the order is cancelled automatically and the buyer is not charged or is refunded in full.
6.2 The buyer may cancel an order until you ship it, whether or not you have confirmed it (Returns & Refunds, section 2). The buyer is then refunded in full, and you must not ship. Commissions, group buys and preorders follow their own cancellation rules.
6.3 You may decline an order before you confirm it. Once you have confirmed it, you cannot cancel it yourself. If the item turns out to be unavailable or the price shown was manifestly wrong, contact support@tokyofishmarket.com and we cancel the order where section 8.3 of the Terms of Service allows it. The buyer is then refunded in full.
6.4 Use the platform's order messages to talk to the buyer about an order. Use the buyer's personal information, such as their shipping address, only to fulfil that order, as Privacy & Data Usage requires.
6.5 If your seller account is suspended, orders already paid to you that are not yet shipped must be shipped or refunded within 7 days of the suspension, or we refund the buyer automatically. If your account is banned, or your relationship with us ends, paid orders not yet shipped are cancelled and refunded immediately. An order already shipped is not affected.
7. Shipping and fulfilment
7.1 You are responsible for delivering what you sold, as described, to the address given at checkout (Terms of Service, section 7.1).
7.2 When you ship, you mark the order as shipped in your seller workspace and enter the carrier and the tracking number. Pack the item so that it arrives in the condition described.
7.3 Delivery is recorded from the carrier's tracking or by us. You cannot mark an order delivered yourself.
7.4 For an international shipment, you must declare the true content and value on customs forms.
7.5 For an item delivered as a digital file, the file must match the listing and be free of malware. We review these listings under 4.8.
7.6 In your shipping profile, you state the country you ship from, the places you ship to, and your processing time. You must ship within the processing time you state, and only to places you say you ship to. Shipping & Delivery explains what buyers see.
8. When a buyer reports a problem
8.1 A buyer has 48 hours after an order is recorded as delivered to report a problem under our buyer protection, for example an item damaged, missing or not as described (Returns & Refunds, section 3). For those same 48 hours, the money for that order is held and not released to you (Payments & Payouts, section 6). The 48 hours do not shorten the buyer's legal rights, which continue after that window (8.4).
8.2 Respond to the buyer and to us promptly and in good faith, and give us the evidence we ask for, such as photos, packing details or tracking.
8.3 A person on our team reviews each report and decides whether the problem was caused by you, by the carrier or by us. If it was caused by you, the buyer is refunded and the refund is taken from your proceeds, as Payments & Payouts describes. A report that a person has attributed to you counts towards the automatic suspension in 10.3.
8.4 A buyer's rights under Returns & Refunds and under the law, including the legal warranty, apply to your sales. You must honour them.
8.5 If a buyer disputes a card payment with their bank, give us the evidence we ask for so that we can respond. What happens to the money is set out in Payments & Payouts.
9. How you must behave as a seller
In addition to Acceptable Use and the Community Guidelines, you must not:
- knowingly sell counterfeit, stolen or illegal items, or misstate an item's condition or authenticity;
- move a sale found on the platform off the platform;
- write or buy fake reviews, bid on or buy your own listings, or otherwise manipulate your reputation, your ranking or prices;
- open more than one account, or use another person's account, to get round a restriction;
- harass buyers or other sellers;
- make false claims, reports or chargebacks.
Each of these leads to the sanctions in section 10, and you may contest them as described in section 11.
10. Sanctions
10.1 When you break these terms, the law, or the documents listed in section 4.2 of the Terms of Service, we record a violation. The sanction depends on its severity and on the number of violations on your account that have not been resolved:
- first violation: a warning;
- second: the listing concerned is removed;
- third: you can no longer create listings;
- fourth: your payouts are held;
- fifth: your ability to sell is suspended and your booths are hidden.
10.2 A violation we classify as major holds your payouts straight away. A violation we classify as critical suspends your ability to sell straight away.
10.3 Automatic suspension after repeated incidents. If problems with your orders are repeatedly found to be your fault, your ability to sell is suspended automatically. Each of those findings is made by a person; only the suspension that follows is automatic (Terms of Service, section 14.4). While your selling is suspended, your payouts are not made, because a payout is made only to an active seller account (Payments & Payouts, section 8). You may contest each attribution and the suspension, free of charge, for at least six months after we tell you about it, by writing to legal@tokyofishmarket.com. If a finding is reversed on appeal, we review the suspension.
10.4 We may also close your seller account for serious or repeated breaches (Terms of Service, section 14.1). If you sell as a business, we give you at least 30 days' notice before we end our relationship with you, except where the law requires us to act sooner or you have repeatedly broken these terms (Terms of Service, section 14.6; see the Seller Transparency Terms).
10.5 Each time, we tell you what we did, the facts we relied on, the rule concerned, and how to contest it, as Reporting Illegal Content and Appealing Our Decisions describes.
10.6 If your selling is suspended or your account is closed, you must still complete or refund the orders already paid to you, on the terms of section 6.5. What happens to your balance is set out in Payments & Payouts.
10.7 Payment disputes. If buyers dispute an unusual share of your payments with their bank, whatever the outcome of each dispute, we review your account. We may send you a warning, place a reserve on your payouts (Payments & Payouts, section 8), suspend your ability to sell, or combine these measures. You may contest them as described in section 11.
11. Contesting a decision
11.1 You may contest any decision we make about your application, your listings, your payouts or your seller account, free of charge.
11.2 You may contest a decision for at least six months after we tell you about it, by writing to legal@tokyofishmarket.com (Terms of Service, section 14.3). For a violation recorded under 10.1 or 10.7, you can also file an appeal from your seller workspace, once per violation, within the same six-month window.
11.3 A person who was not involved in the original decision reviews your appeal. If the violation is overturned and no other violation remains open on your account, we lift the listing restriction, release payouts held for sanctions, and restore your ability to sell.
11.4 You may also use the complaint process in the Seller Transparency Terms, and you keep your right to go to court (Terms of Service, section 18).
12. Closing your booth
12.1 You may stop selling at any time. Before your seller account is closed, you must complete or refund your open orders.
12.2 What you are owed is paid to you as Payments & Payouts describes. Order and tax records are kept after closure as the law requires (Terms of Service, section 6.4).
13. We also sell
We sell some items ourselves, under the name TFM Official. For those listings, we are the seller and we carry the seller's obligations (Terms of Service, section 7.2). How TFM Official is treated compared with you is set out in the Seller Transparency Terms.
14. Changes and contact
14.1 We change these terms only under section 19 of the Terms of Service, with at least 30 days' notice except in the urgent cases it lists. Every version is kept and dated. You can read the history from the link at the foot of this page.
14.2 Questions about selling: support@tokyofishmarket.com. Appeals and legal notices: legal@tokyofishmarket.com.