Version 1.0 – Effective as of 02-06-2025

These Seller Terms and Conditions ("Terms") govern the relationship between Stichting Green Unity, trading under the name Kyndly (“Kyndly”, “we”, “our”, or “us”), a non-profit organization based on Buspad 1, Veldhoven, The Netherlands, and the registered seller ("Seller", “you” or “your”) using the Kyndly platform for the purpose of offering and selling products to consumers (“Customers”).

By registering as a Seller on the Kyndly platform, you agree to be bound by these Terms, in addition to any supplemental policies and agreements that may be applicable. Please read these Terms carefully before listing your products.

1. Purpose of the Agreement

Kyndly operates an online marketplace that connects environmentally and ethically responsible brands with conscious consumers. Sellers are permitted to offer and sell their products through the Kyndly platform under the conditions set forth herein.

2. Product Listing and Compliance

2.1. The Seller is solely responsible for the accuracy, completeness, and legality of product listings, including descriptions, pricing, images, and sustainability claims. All listings must adhere to Kyndly’s Sustainability Standards and Ethical Guidelines, as outlined separately.

2.2. The Seller guarantees that all products offered:

• Are safe and compliant with all applicable EU and local regulations;
• Do not infringe upon third-party intellectual property rights;
• Are free of greenwashing claims and substantiated with verifiable data if environmental claims are made.

3. Order Fulfillment and Delivery

3.1. The Seller is responsible for timely and correct fulfillment of all orders placed through the Kyndly platform.

3.2. Sellers must use shipping methods that align with Kyndly’s sustainable delivery practices, prioritizing carbon-efficient logistics, plastic-free packaging, and, where possible, local distribution.

3.3. The Seller bears all risk of loss or damage to the product until it is delivered to the Customer. In case of missing or damaged goods, the Seller shall resolve the matter directly with the Customer, including offering a replacement, refund, or repair.

4. Returns, Refunds, and Warranty

4.1. The Seller must offer Customers a minimum return period of fourteen (14) calendar days from the date of receipt, in compliance with EU consumer protection laws.

4.2. Products returned in accordance with the return policy shall be refunded in full by the Seller, including original shipping costs if applicable.

4.3. The Seller shall be responsible for honoring applicable legal warranty periods and for resolving any product defects, quality issues, or inaccuracies in product description.

5. Platform Conduct

5.1. Sellers must act in good faith and uphold Kyndly’s values of transparency, fairness, and sustainability.

5.2. Any conduct that may harm the reputation, functionality, or values of the Kyndly platform—such as deceptive listings, false advertising, or disrespectful communication—may result in suspension or removal from the platform.

6. Termination of Agreement

6.1. Kyndly reserves the right to suspend or terminate this agreement and the Seller’s access to the platform at any time, without prior notice, if the Seller:

• Violates these Terms;
• Engages in unlawful, unethical, or harmful behavior;
• Fails to meet quality or delivery standards;
• Ceases to meet Kyndly’s sustainability criteria.

6.2. The Seller may terminate the agreement by providing written notice and ceasing all use of the Kyndly platform. All pending orders must still be fulfilled or refunded.

7. Intellectual Property and Data Use

7.1. By uploading product content (e.g. images, descriptions, logos), the Seller grants Kyndly a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for the purpose of operating the platform and promoting the Seller's products.

7.2. The Seller is responsible for ensuring they have the rights to any content uploaded.

7.3. Kyndly may use aggregated, anonymized sales and sustainability data for analytics, impact reporting, or communication purposes.

8. Limitation of Liability

8.1. Kyndly acts solely as an intermediary between the Seller and the Customer and does not assume any liability for the Seller’s products, warranties, delivery performance, or compliance with applicable laws.

8.2. Kyndly shall not be liable for any indirect, incidental, or consequential damages resulting from the Seller’s use of the platform, including lost profits or reputational damage.

9. Commission and Payments

9.1. Kyndly retains a commission percentage on each sale as outlined in the separate seller agreement or onboarding document. The remaining balance shall be transferred to the Seller according to the agreed payout schedule.

9.1.1 Kyndly holds the right to retain a fee for each payment that is processed on the platform (€0.30 + 1.9% of the transaction amount).

9.2. Kyndly reserves the right to withhold payment in case of open disputes, fraudulent activity, or breach of these Terms.

10. LCA and DPP

Definitions.
(a) “LCA” means a life cycle assessment of a Product’s environmental impacts across relevant stages (e.g., raw material extraction, manufacturing, transport, use phase and end-of-life), carried out in accordance with ISO 14067 (for product carbon footprint) and, where applicable, the EU Product Environmental Footprint (PEF) method (including category rules), in each case as updated from time to time.
(b) “DPP” means a Digital Product Passport prepared and/or hosted to meet applicable law or industry practice (including, where relevant, the EU Ecodesign for Sustainable Products framework), containing product-specific sustainability and circularity data.
(c) “LCA/DPP Data” means any data, documents, metadata, graphics, QR/NFC artifacts, summaries, scores, labels, disclosures, comparisons and explanatory text created from, derived from, or used in an LCA or DPP.

10.1. Kyndly may conduct, commission, verify, update and maintain LCAs and DPPs for any Products listed or proposed to be listed on Kyndly. Kyndly may determine reasonable functional units, system boundaries, allocation rules, assumptions and data sources consistent with ISO 14067 and PEF (as applicable).

10.2. Kyndly may engage qualified third-party providers, auditors or data platforms to perform or verify LCAs/DPPs and to host related data. Kyndly remains responsible for ensuring those third parties are bound by confidentiality obligations no less protective than these Terms.

10.3. On request, Seller will promptly and at no charge provide accurate and complete information reasonably required for an LCA/DPP (e.g., bills of materials, supplier locations, mass balances, energy mixes, packaging specifications, transport modes and distances, expected use profiles, care instructions, repairability, warranty and end-of-life routes), and will use reasonable efforts to obtain upstream information from its suppliers.

10.4. Seller grants Kyndly a worldwide, perpetual, irrevocable, royalty-free, sublicensable licence to collect, create, reproduce, adapt, translate, host, aggregate, analyse and publicly display LCA/DPP Data for the Products without further approval, notice or consent from Seller. Publication may occur on product pages, labels, scans (e.g., QR/NFC), APIs, datasets, marketing materials, impact reports, academic or industry collaborations, and comparative tools, in each case subject to Clause 10 (Legal compliance and confidentiality).

10.5. Kyndly may present LCA/DPP Data comparatively across products, categories and benchmarks, and may display explanatory context (e.g., material hotspots, end-of-life options, uncertainties, and improvement suggestions). Comparative displays are intended for transparency and consumer education and do not constitute endorsements or denigrations.

10.6. To the extent necessary to present LCA/DPP Data, Seller grants Kyndly a non-exclusive, royalty-free licence to use Seller’s trade names, trademarks, product names, images and other Product Materials on or with LCA/DPP outputs. Nothing herein transfers ownership of Seller’s IP.

10.7. Standards and category rules evolve. Kyndly may update methodologies, assumptions, data quality requirements and displays to align with current ISO 14067, PEF and other recognised guidance. Kyndly may re-issue or re-label prior results to reflect updates.

10.8. While no prior approval is required for publication, Kyndly will consider substantiated correction requests from Seller. If Seller provides verifiable evidence that a published element of LCA/DPP Data is materially inaccurate, Kyndly will investigate in good faith and, where appropriate, correct or annotate within a reasonable timeframe.

10.9.
(a) Kyndly will handle LCA/DPP Data in compliance with applicable law (including data protection law) and will avoid publishing Seller trade secrets that are not necessary to substantiate the LCA/DPP or required by law/standards.
(b) Kyndly may use aggregated or anonymised data where practicable.
(c) Publication of personal data is excluded unless required by law and permitted under applicable data protection bases.

10.10. Seller warrants that (i) all information it supplies for LCAs/DPPs is accurate and complete to the best of its knowledge, (ii) it has the right to provide such information to Kyndly and to permit the uses set out in this Article, and (iii) such information does not infringe third-party rights or applicable law.

10.11. Seller will indemnify and hold harmless Kyndly, its affiliates and service providers from and against claims, losses and costs arising out of (i) inaccurate, incomplete or misleading information provided by Seller, or (ii) a claim that Seller-supplied information infringes third-party rights. This indemnity does not apply to the extent a claim arises solely from Kyndly’s negligent application of the methodology.

10.12. LCA/DPP outputs are estimates based on available data, assumptions and recognised standards and may contain uncertainties. Except as required by law, Kyndly provides LCA/DPP Data “as is” for transparency and educational purposes and does not warrant that such data will meet any specific certification outcome or regulatory determination.

10.13. The rights and obligations in this Article (including licences, disclaimers and indemnities) survive termination of the Seller’s account and/or delisting of Products.

10.14. If there is any conflict between this Article and any separate agreement concerning LCAs/DPPs between the parties, that separate agreement prevails to the extent of the conflict.

11. Modifications to Terms

11.1. Kyndly may amend these Terms at any time. Sellers will be notified of material changes in writing or via platform notifications.

11.2. Continued use of the platform after the effective date of the revised Terms constitutes acceptance of the changes.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of The Netherlands. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the competent courts of Den Bosch, The Netherlands.

Contact
For questions regarding these Terms or your seller account, please contact:
📧 support@kyndly.nl