Purchase and Sales Agreement


Purchase and Sale Terms

Last updated: [July 7, 2022] 



1        Definitions

In these Purchase and Sale Terms (these “Sales Terms”), capitalized terms used herein but not otherwise defined will have the meanings ascribed to those terms in the Terms and Conditions (the “Terms”), available here.


2        Selling Basics

2.1       What can be sold on the Shawish Market Platform 

The Shawish Market Platform is a unique online marketplace. Purchasers come here to purchase items that they might not find anywhere else. Everything listed for sale on the Shawish Market Platform is Indigenous handmade or supplied

Handmade Product(s) are Product(s) that are made and/or designed by you, the Seller, or a third party who has granted you the necessary permissions or consent to list and sell their Product(s). 

If you sell handmade Product(s), you agree that:

  1. All handmade Product(s) are made or designed by you or a third party who has granted you the necessary permissions or consent to list and sell their Product(s).
  2. You accurately describe every person involved in the making of any Product(s) in your shop in your Product Details section. If your Product(s) are made or designed by a third party, you must disclose such third party in your Product Details section. 
  3. You are using your own photographs or video content — not stock photos, artistic renderings, or photos used by other Sellers or sites. 
  4. If you are selling personalized or made-to-order handmade Product(s), you agree that:
  • all listings are available for purchase at a set price; and
  • if you are using photographs of previous work with options for customization (like colour choices) included in the listing, it is clear in your description that the photos shown are just examples.

Craft Supply Product(s) are tools, ingredients, or materials whose primary purpose is for use in the creation of an item or special occasion. Craft supply Product(s) may be handmade or commercial.


2.2       What can't be sold on the Shawish Market Platform

Even if they otherwise meet our marketplace criteria, prohibited products, services, and Product(s) that violate third party Intellectual Property Rights are not allowed to be sold on the Shawish Market Platform. All listings must offer a Product for Sale (which includes a physical or digital item). You may not create a Product listing for the purpose of sharing a referral code, posting a want ad, or similar activity that does not offer a physical or digital item for Sale.

Keep in mind that Users may flag listings that appear to violate our policies for Shawish's review by notifying us at: shawish.market@gmail.com. Shawish may remove any Product listings that violate our policies. Shawish may also suspend or terminate your Account for any violations. 


Prohibited Products

1. Alcohol., Drugs, and Tobacco. Alcohol and drugs are prohibited on the Shawish Market Platform. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating effect.

The following are examples of items that may not be sold on the Shawish Market Platform:

  • Alcohol.
  • Tobacco products, except for ceremonial tobacco products.
  • Drugs and certain herbal substances, including substances using for recreational and medicinal purposes, regardless of their legality.
  • Medical drugs and pharmaceuticals. 

2. Animal Products and Human Remains. Certain animal products are highly regulated and prohibited on the Shawish Market Platform due to the risk of harm to live, companion, or endangered animals. 

The following are examples of animal products that may not be sold on the Shawish Market Platform:

  • Live animals.
  • Products created using any endangered or threatened animal species. We define these as animal species listed in Schedule 1 of the Species at Risk Act or listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
  • Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilized ivory and woolly mammoth ivory.
  • Products made from human remains or products from the human body, except for teeth, fingernails and hair. 

The following are examples of what is allowed to be sold on the Shawish Market Platform:

  • Non-ivory animal bones.
  • Leather goods.
  • Textiles made from animal hair and fur.

3. Dangerous Items: Hazardous Materials and Weapons. For safety and legal reasons, we prohibit certain dangerous items from the Shawish Market Platform.

While not exhaustive, the following materials are examples of prohibited hazardous materials:

  • Explosives (fireworks or sparklers).
  • Explosive precursors.
  • Flammable items.
  • Gases.
  • Radioactive material.
  • Toxic substances (such as poisons).
  • Individual or loose lithium ion batteries.

Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any item intended to be used as a weapon to inflict harm. The following items are generally not allowed on the Shawish Market Platform:

  • Guns, knives, or other blatant weapons, even if they are vintage. 
  • Imitation firearms and weapons that look real.

The following are examples of what is allowed to be sold on the Shawish Market Platform:

  • Culinary knives or other knives used as tools.
  • Toy slingshots.
  • Traditional hunting tools (other than weapons used to inflict harm). 

4. Hate Items: Items that Promote, Support or Glorify Hatred. We want the Shawish Market Platform to be a community where people of all backgrounds, nationalities, religions, political affiliations and even different types of artistic taste and humour feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others.

Shawish does not allow Product(s) or listings that promote, support or glorify hatred towards people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”). We also prohibit Product(s) or User Content that promote organizations or people with such views.

The following are examples of what may not be sold on the Shawish Market Platform:

  • Product(s) that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, or groups that advocate anti-gay, anti-immigrant, or Holocaust denial agendas.
  • Product(s) that contain racial slurs or derogatory terms in reference to protected groups

5.  Pornography and Mature Content. As a creative community, we tend to be fairly liberal about what we allow on the Shawish Market Platform, but we draw the line at pornography. Beyond that, we restrict mature content so that people who are offended by this kind of material don't have to see it. If you are selling mature content, we ask that you be respectful of differing sensibilities.

Pornography of any sort is prohibited on the Shawish Market Platform, whereas mature content is restricted. Although pornography can be difficult to define, a Product generally qualifies as pornography when it contains printed or visual material that explicitly describes or displays sex acts, sex organs, or other erotic behaviour for the sole purpose of sexual arousal or stimulation. We also prohibit used intimate items from being sold for these purposes.

We define mature content containing printed or visual depictions of human genitalia, sexual activity or content, profane language, sexual wellness items, violent images (within reason) and explicit types or representations of taxidermy. Not all nudity is considered mature. If you find yourself questioning whether your Product is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such. When deciding whether mature content crosses over the threshold into pornography, we take into consideration the explicitness of depictions of sexual activity or content.



Reselling is not permitted on the Shawish Market Platform, unless you, the Seller, has obtained the necessary grants, permissions or consent of the third party who created the Product(s) to list and sell their Product(s). Reselling refers to listing Product(s) as handmade when you were not involved in designing or making such Product(s). 


2.3       Managing your shop on the Shawish Market Platform

Your shop represents you and your business to the Shawish Market community. It’s important that you, your items and your shop are honestly and accurately represented.

By selling on the Shawish Market Platform, you agree that you will:

  1. Provide honest, accurate information to Shawish and in your About section. 
  2. Ensure your shop content, such as any text, photos or videos used to represent yourself, your shop or your listings, abide by Shawish policies, including our Terms. 
  3. Accurately represent your Product(s) in listings and listing photos.
  4. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Shawish by contacting us at: shawish.market@gmail.com.
  5. Not engage in fee avoidance. Any action by a Seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Shawish. This includes, for example, encouraging Purchasers to purchase an item in your Shawish shop through another venue. A transaction initiated on the Shawish Market Platform may not be completed off of the Shawish Market Platform. 
  6. Not create duplicate shops or take any other action (such as manipulating clicks, baskets or sales) for the purpose of shilling, manipulating search or circumventing Shawish's policies.
  7. Not coordinate pricing with other Sellers.


2.4       Seller Standards

By listing Product(s) for sale on the Shawish Market Platform you understand and agree that you are responsible for complying with all applicable laws and regulations for the Product(s) you list for sale, including any required labels and warnings. Shawish assumes no responsibility for the accuracy, labelling, or content of your listings.


Meeting Service Level Standards

As a Seller, you must provide great customer service and maintain trust with your Purchasers. These requirements are called our Seller Service Level Standards. Shawish may reach out to you if your shop fails to meet our Seller Service Level Standards.


By selling on Shawish, you agree to:

  1. Honour your dispatch and processing times. Sellers are obligated to dispatch an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for dispatch times vary by country. 
  2. Respond to messages in a timely manner.
  3. Honour the commitments you make in your shop policies.
  4. Resolve disagreements or disputes directly with the Purchaser. In the unlikely event that you can’t reach a resolution, you can report it to Shawish by contacting us at: shawish.market@gmail.com.
  5. If you are unable to complete an Order, you must notify the Purchaser and cancel the Order.


3        Payment and Fees

3.1       Third-Party Services

Shawish has engaged Stripe Payment as it’s third-party service provider to provide you with regulated payment services and perform many of the services related to payment processing, including card processing, disbursements, currency exchange, identity verification, fraud analysis, and regulatory compliance.  

Shawish may share your personal or transactional information with Stripe Payment for purposes related to payments processing.

If Shawish receives notice that your shop's content or activity violates Stripe Payment’s service agreement, we may at our sole discretion take action against your Account to comply with their policies. Such actions may include cancelling a Transaction, disabling listings from your shop, suspending or terminating your selling privileges, or removing certain payment methods.

3.2       Payment Processing Fees

Sellers are responsible for payment processing fees charged by Stripe Payment for each Transaction. When creating an Account on the Shawish Market Platform, Sellers will redirected to Stripe Payment’s website, where you will be required to create an account with Stripe Payment to facilitate payments processing. Please refer to your service agreement with Stripe Payment for further details. 


3.3       Service Fees

Shawish charges a 7.0% fee (the “Service Fee”) for each Transaction processed through the Shawish Market Platform. The Service Fee is calculated on the gross order amount, including shipping and tax (if applicable). Purchasers authorize us to automatically add the Service Fee to each Order and Sellers acknowledge that the Service Fee will be automatically deducted from payments to you. 

We reserve the right to modify the Service Fee at any time. 

In the event of any partial or full refunds credited back to a Purchaser, the Service Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Service Fee and the adjusted Service Fee will be applied to the refund amount being credited back to the Purchaser. 


4        Delivery Policy

Sellers are responsible for packaging and shipping their sold Product(s) to Purchasers. If you're using a delivery or fulfilment service, please keep in mind that you are ultimately responsible for making sure that your Purchasers receive their orders.

By selling on the Shawish Market Platform, you agree to:

1.Provide an accurate "ships from" address.

2.Specify your postage costs and processing times in your listings.

3.Ship Product(s) promptly after they are sold. Prompt delivery means that you dispatch each Product within 30 days of purchase, unless you specify otherwise in your processing time or agree to a different delivery period with the Purchaser through messages. Before you update your processing time for a specific Order, you must first obtain your Purchaser’s consent.

4.Comply with all local and international delivery and customs regulations. 

5.Ship to the address listed on the Purchaser Order.

6.Mark the Order as shipped when you ship it. Remember that you may only mark an order as shipped after you actually have dispatched it. When you mark an order as shipped, the Purchaser will receive a notification.

7.Charge an appropriate amount for postage. US and Canadian sellers may be able to use calculated postage to have postage costs calculated automatically.

By entering tracking information or delivery confirmation on the Shawish Market Platform, you're giving us permission to collect and share this data received from your chosen delivery company with the Purchaser.

In the unlikely event an Order does not arrive, be prepared to provide valid proof of shipping. Valid proof of shipping must show that the Product(s) was actually shipped and that it was sent to the address provided by the Purchaser on the Order. If a Purchaser does not receive their Order, they may report it to Shawish by contacting us at: shawish.market@gmail.com.


5        Return Policy

If you need to return or exchange an item, the Seller you purchased your Product(s) from is the best person to help you. Each Seller on the Shawish Market Platform manages their own Orders, and makes decisions about cancellations, refunds, and returns.


5.1       How do refunds and returns work on the Shawish Market Platform?

Sellers aren’t required to accept returns, exchanges, or provide a refund unless stated in their shop policies. Go to the shop's homepage to see the shop's policies. 

If the Seller is willing to accept a return, be sure to settle on the details in a message before returning the item:

  • Where you should send the return
  • What time frame does the Seller wish to receive the return
  • Who will be responsible for the cost of return postage, if not written in the shop's policies
  • What delivery method to use


5.2       What should I do if the Seller doesn’t refund my Order, or if the Seller doesn’t accept returns?

If the Seller allow refunds or returns, you may open a dispute with Shawish against the Seller by contacting us at: shawish.market@gmail.com.

Disputes can be open if:

  • You never receive your Order.
  • The Product(s) received are not as described in the listing. 


5.3       What are shop policies?

Each Seller on the Shawish Market Platform is responsible for their own policies regarding refunds, exchanges, and returns. Policies vary from shop to shop.

Before making a purchase, you should review the shop’s Returns & Exchanges policy. You can find the shop’s policies on their shop homepage. 


5.4       The Seller wasn’t able to help me

If the Seller is unable to help you, your next step is to open a dispute about your Order.


6        Opening a dispute / contacting Shawish

If a dispute arises between a Seller and a Purchaser which is unable to be resolved directly between the parties, your next step is to contact us at: shawish.market@gmail.com.