Vendor Disclaimer & Legal Notice

๐Ÿ›‘ Vendor Disclaimer & Legal Notice

By registering as a vendor and listing products for sale on UndergroundAquarium.com, you agree to the following legal terms and conditions. You acknowledge that you are acting as an independent seller and assume full responsibility for your business conduct, products, customer interactions, and all applicable legal and tax obligations. UndergroundAquarium.com is a third-party marketplace and is not liable for any part of your individual business operations.

1. Independent Entity & Assumption of Risk

All vendors on UndergroundAquarium.com are considered independent contractors. You are not an employee, representative, agent, or affiliate of UndergroundAquarium.com. You operate at your own risk and bear full liability for:

  • Business formation or registration (if applicable)
  • Financial reporting and income tax compliance
  • Product quality, safety, legality, and accuracy of descriptions
  • Shipping, fulfillment, and customer communication
  • Dispute resolution and refund obligations

2. Legal Compliance & Tax Obligations

You are solely responsible for understanding and complying with all federal, state, and local laws applicable to your business and products. This includes, but is not limited to:

  • Obtaining a business license (if required in your jurisdiction)
  • Collecting and remitting applicable sales tax
  • Reporting all earned income to the IRS and your state tax authority
  • Proper labeling and legal sale of live animals, plants, or aquatic products

The IRS requires all U.S. sellers earning over $600/year on third-party platforms to report income, and you may receive a Form 1099-K if applicable. Learn more at: IRS: Understanding Your Form 1099-K and IRS: Self-Employed Individuals Tax Center.

UndergroundAquarium.com does not provide legal or tax advice. You are strongly advised to consult a licensed attorney, CPA, or tax advisor to ensure full compliance with all regulations.

3. Permitted & Restricted Items

You may only list and sell items that are legal to sell in both your location and the customerโ€™s location. This includes (but is not limited to) complying with:

  • Animal welfare and humane handling regulations
  • USDA and Fish & Wildlife restrictions (including CITES-listed species)
  • Invasive species laws
  • State-level bans on specific aquatic species or chemicals
  • Age restrictions (for medication or sharp tools, if applicable)

You are responsible for researching and understanding shipping restrictions and packaging laws for live animals, plants, and aquatic goods.

4. Income Thresholds & Hobby Seller Status

Even if you sell on a small scale, the IRS requires you to report income once it exceeds the hobby limit or exceeds $600/year via third-party platforms. If you continue selling with intent to profit, you may be considered a business for tax purposes.

See: IRS: 1099-K Filing Requirements

5. Platform Liability Waiver

UndergroundAquarium.com is a neutral third-party marketplace. We provide the website, software, and vendor tools โ€” but do not manufacture, distribute, inspect, or guarantee any products listed by independent vendors.

By using this platform, you agree to fully indemnify, defend, and hold harmless UndergroundAquarium.com and its owners, affiliates, and staff from any liability, claims, damages, legal fees, or penalties resulting from your listings, transactions, shipments, or business conduct.

UndergroundAquarium.com does not issue refunds for items sold by vendors. If a product is returned by a buyer, it is solely the responsibility of the vendor to resolve the issue, offer a replacement, or process a refund. Vendors are expected to maintain transparent return and refund policies and handle all post-sale customer disputes directly.

6. Commission Fees, Taxes & Fulfillment Responsibilities

Vendors agree to a 10% commission on all completed sales, which is automatically deducted from the transaction.

Vendors are fully responsible for:

  • Pricing products to include applicable taxes, shipping, and marketplace fees
  • Collecting and remitting sales tax, if applicable in their state or municipality
  • Covering packaging, shipping costs, and ensuring timely delivery
  • Understanding and complying with any labeling or handling laws related to live goods

UndergroundAquarium.com does not collect or remit sales tax on behalf of vendors unless explicitly stated. Vendors must account for tax responsibilities during product setup and checkout configuration.

๐Ÿ“ Note for Hobbyists: If you’re casually selling fish, plants, or handmade aquarium items as a hobby, you may not need to register a formal business. However, once you cross IRS reporting thresholds or your local state requires sales tax collection, registration may become mandatory. Always check with your local small business office.