Catch Customers
Hi
If you received an SMS or email to visit this page, it is because you recently purchased an item from us via Catchs Marketplace.
As you may or may not know, we left Catch Marketplace about a month ago and rather unusually, at least from our perspective, on 24th Feb Catch completely restricted access to our account, thus cutting access to Customer messages and incidents and more importantly our ability to respond to or resolve any issues you may have had. If you tried to contact us regarding your purchase and we haven’t responded its because we were unaware that you have tried to contact us.
Despite tracking in most instances showing that orders affected by Catchs actions since our departure have been delivered, it is with regret that we must inform you we have not been paid for your order and that despite our best-efforts Catch are not even responding to our enquiries on the topic.
We genuinely appreciate that in good faith you placed an order with and made payment to Catch Marketplace, and in good faith we shipped your order with the expectation to be paid, so your initial reaction to this issue maybe “oh well not being paid is your problem go sort it out with Catch”.
Unfortunately, though we are both seem to be in a position where that approach will not resolve the issues for either of us due to the nature of Catchs Terms & Conditions of Sale and Sellers Marketplace Agreement.
With regards to clause 7.1 of Catchs Terms & Conditions of sale applicable to your order, we note
“You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.”
With regards to clause 19.1 of Catchs Marketplace Agreement that we operated under we note
“You will at all times indemnify, and keep indemnified and hold harmless us and our directors, officers, employees, affiliates and agents from and against any, loss, damage, expense (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of:
(c) The sale, offering for sale and supply of goods by you pursuant to this Participation Agreement”
Additionally, we note clause 4 of Catchs Marketplace Agreement
“4.1. We will provide you the Services set out in this Agreement in exchange for our Seller Fees. The Sellers Fees will be agreed between you and Catch when you open a Seller Account, and the rate will be shown in your account page. We may amend or change our fees at any time. Any changes in the Fees will be notified to you in writing with minimum 7 days notice.
4.2. You agree that on sale of your listed product on our website that a commission will be paid to Catch.com.au, which rate has been agreed to in negotiation with our sales team.
4.3. The Services provided are a sales and listing platform for you, the Seller, to list and sell goods and/or services to third party customers. We are not responsible for, nor party to the transactions that take place between you and any buyer of your goods except as set out in this Participation Agreement.”
So it would seem to be Catchs position they are not party to the transaction between us and that both of us hold them indemnified for any issues between us. Ergo this is between you and us to resolve.
So how do we do resolve the issue? The answer is actually quite simple.
- Lodge an incident against our order in Catch and seek a refund. You can advise Catch Operators that this refund has been authorised by us the Seller via our website. That should at least trigger a notification to us from Catch at some point that a refund has been processed against our account.
- Contact us either via our instore chat system or via our “contact us” page (see link on RHS menu or bottom of the page) and we will re raise and email to you a new invoice for your order along with payment options. Yes we do accept Afterpay, Klarna and Paypal.
It should be noted though that our requirement for payment of your order is not contingent upon you receiving your refund from Catch. A refund from Catch is between you and Catch. We will authorise Catch to make the refund if we are consulted, but Catchs actions in the last month seems to indicate that they may not even consult us and as such it should be pointed out that a refund (or not) of your monies held by Catch may ultimately be at the discretion of Catch and Catch alone.
You have been shipped and or received goods from us that we have not received payment for. You are hereby given notice that we require payment of those goods no later than Monday 3rd April 2023. Any orders that remain unpaid past that date may be referred to Debt Collection.
Additionally, it may be that you have raised an incident with Catch, and that they may have resolved that with you via a refund. If that has occurred since we departed Catch Marketplace then it was done without our knowledge or consent. The legality of any dispute resolution made by Catch without our specific knowledge or approval has been called into question. Catchs own Agreement states they are not party to the transaction, and as such they appear to have no authority to make a determination regards these transactions. So please if this applies to you then you NEED to contact us urgently so we can review and determine any incident.
We appreciate that some of you may feel some anger or resentment at being put into this situation and we don’t blame you if you do, but pls understand we (like you) did not create this situation, so if you feel the need to cut loose at someone please direct that towards the appropriate party that has put us both into this predicament.
Kindest Regards
Ozonlineshopper.com
