Last updated: 1 October 2026
This page summarises the key terms of the Marketplace Seller Agreement for businesses selling on Mountgear, the online marketplace operated by HYGGO PTY LTD (ABN 26 680 569 653), trading as Mountgear ("Mountgear", "we", "us"). It applies to every seller ("you"), whether you ship from Australia or from overseas. The full Marketplace Seller Agreement is provided to you when you join Mountgear, and it governs if anything on this page differs from it. By listing on Mountgear, you agree to the full agreement and to the policies linked below.
1. Our roles
- You are the seller of record for the products you sell. The contract of sale is between you and the buyer.
- You are responsible for your products, your listings, fulfilment, after-sales support, returns and compliance with the law.
- Mountgear operates the marketplace: the website, checkout, payment processing (through Stripe and PayPal), Mountgear Buyer Protection and dispute resolution.
2. Eligibility and account
- You must be a legally registered business and give us accurate, complete and current information about your business, ownership, contact details and bank or payout account.
- You must complete any verification we reasonably ask for, before and after approval.
- You are responsible for all activity on your seller account and must keep your login details secure.
3. Compliance with Australian law
When you sell to Australian consumers, you must comply with Australian law, even if you are located overseas. This includes:
- Australian Consumer Law – including the consumer guarantees, and the rules against misleading or deceptive conduct, false or misleading representations (including about price, origin, quality and reviews) and unfair practices. You must not represent that buyers' consumer guarantee rights are excluded or limited.
- Product safety – all applicable ACCC mandatory safety and information standards, bans and recalls, as well as electrical, gas, therapeutic goods, food and other product-specific laws. You must keep evidence of compliance and provide it on request. See Product Safety & Recalls.
- Mandatory reporting – you must notify the ACCC within 2 days of becoming aware that a product you supplied has been associated with a death, serious injury or illness, and tell Mountgear at the same time.
- Import, customs and biosecurity rules for products you send into Australia.
- Privacy – see section 11.
4. Tax and GST
- You must register for GST in Australia where required by Australian tax law, and provide your ABN and GST status to us.
- Prices on Mountgear are displayed in AUD and must include GST.
- Where Australian tax law makes Mountgear responsible for GST on a sale (for example, under the rules for low value imported goods sold through electronic distribution platforms), Mountgear will account for that GST and may adjust payouts or require information from you accordingly.
- You are responsible for your own taxes, including income tax in your country, and for providing any tax information we are required to collect.
5. Listings
- Listings must be accurate, complete and not misleading, including the title, photos, description, specifications, condition, quantity, price, delivery costs and times, and where the item ships from.
- Include all required safety warnings, age grading, and compliance information.
- Only use images and content you own or have permission to use.
- Do not list products prohibited by our Prohibited & Restricted Items policy or that infringe anyone's intellectual property (see Intellectual Property & Counterfeit Reporting). Adult items may only be listed in the restricted 18+ category.
- Do not use fake "was" prices or misleading discounts, and do not manipulate reviews (see Reviews & Community Guidelines).
- Keep stock levels up to date so buyers can't order items you can't supply.
6. Delivery and dispatch
- You set delivery costs and estimated delivery times per region, and may exclude remote areas or PO boxes. Your settings must be realistic and shown accurately.
- You must dispatch each order within your stated handling time and add tracking details where available.
- Estimated delivery times for cross-border orders must reflect realistic international transit times.
- If you can't fulfil an order, cancel it promptly so the buyer can be refunded, and tell the buyer.
- Orders must only be sent to the address provided through Mountgear.
7. Returns, refunds and customer service
- You must honour buyers' rights under the Australian Consumer Law, including repair, replacement or refund for faulty or not-as-described items, and cover reasonable return costs for those items. See Returns & Refunds Policy.
- Change-of-mind returns are at your discretion. Your returns terms must be clearly stated and must not mislead buyers about their consumer guarantee rights.
- You must provide a practical returns process for Australian buyers.
- You must respond to buyer messages promptly and to Buyer Protection claims within the timeframes set out in the Mountgear Buyer Protection policy.
- If a claim isn't resolved, Mountgear may decide the outcome. You agree that Mountgear may refund the buyer and recover the amount from you, including by deducting it from your payouts.
8. Fees
Mountgear charges a commission on each sale, calculated as a percentage of the item price including GST, plus fees for any optional services you choose to use. The rates that apply to you are set out in your Fee Schedule, which is provided during onboarding and shown in your seller dashboard before any listing goes live.
We may change our fees by giving you at least 30 days' notice. Changed fees apply to sales made after the change takes effect.
9. Payments and payouts
- Buyers pay Mountgear at checkout. You must not ask or allow buyers to pay you outside Mountgear.
- Payouts are made fortnightly. An order is included in a payout once it has been delivered and both its returns and claim window and 14 days after confirmed delivery have passed, whichever is later. Each payout is the sale proceeds less our commission, refunds, chargebacks, any other amounts owed to us and, for overseas sellers, any GST that Mountgear must collect under Australian tax law.
- Payouts are made in Australian dollars (AUD) to your nominated account. A minimum payout amount may apply; balances below it are carried over to the next payout.
- We may hold payouts for a reasonable period where there is a pending claim, chargeback, suspected fraud, a safety or IP issue, or a breach of this agreement, and may keep a reasonable reserve for new or high-risk sellers.
- You are responsible for any bank or currency conversion fees charged by your own bank or payout provider.
10. Suspension and termination
We may remove listings, restrict selling, hold payouts, or suspend or close your account if, for example:
- you breach this agreement or our policies, or the law
- you sell unsafe, recalled, prohibited or counterfeit products
- your performance falls below our standards (such as late dispatch, high cancellation rates, unresolved claims or poor buyer feedback)
- we reasonably suspect fraud or other activity that puts buyers or Mountgear at risk
- we are required to do so by law or a regulator
Where reasonable, we'll tell you why and give you a chance to fix the problem. You may close your account at any time with notice, but you must still fulfil and support existing orders and meet your obligations for returns, claims and recalls.
11. Buyer information and privacy
We give you buyer information only to fulfil orders and provide after-sales support. You must use it only for those purposes and to comply with the law, keep it secure, not use it for marketing unless the buyer separately agreed, and delete it when no longer needed. Overseas sellers must handle it consistently with the Australian Privacy Principles. See our Privacy Policy.
12. Liability and indemnity
You are responsible for claims, losses, fines and costs arising from your products, your listings and your breach of this agreement or the law, and you agree to compensate Mountgear for them to the extent they are caused by you. Mountgear's liability to you is limited to the extent permitted by law.
13. Changes and governing law
We may update this agreement and our policies, and will give you reasonable notice of material changes. This agreement is governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria.
Contact
Questions about this agreement: email [email protected] with the subject "Seller enquiry". For more about selling on Mountgear, see Sell on Mountgear.