Tophatter Seller Policies Overview


  • By creating an account on Tophatter you’re agreeing to Tophatter’s Seller Terms of Use.
    • Tophatter is not able to offer selling terms to users who opt out of arbitration.
  • Tophatter expects all information provided at the time of registration to be true and accurate.
    • Providing false information can result in an account suspension.
  • Sellers/Businesses/Entities on Tophatter are limited to one account
    • If multiple accounts are discovered, all accounts may be suspended.
  • All customer data should be stored properly and not abused
    • Customer names, addresses, and other identifying information are for fulfillment purposes only. Sellers found using this information for other purposes may be suspended.

Product Listing

  • Tophatter requires accurate information and details to be provided during listing creation
    • Providing inaccurate listing information can result in the product being blocked, refund of products, and the seller’s account is at risk of being suspended.
  • Tophatter prohibits the sale of counterfeit products
    • Tophatter takes the counterfeiting of products very seriously. Listing and/or selling counterfeit products on Tophatter is prohibited and carries severe penalties. Sellers who have listed or sold counterfeit products on Tophatter risk account suspension, refund of products, and may be subject to fines.
  • Listed products may not be the intellectual property of others
    • Sellers may only list products for which they own the intellectual property rights or for which they have permission to list. Listing products that infringe on any trademark, copyright, or patent will result in the product being blocked. The seller’s account may also be suspended.
  • Listing duplicate products is prohibited
    • Each unique product in a seller’s inventory should only be listed on Tophatter once. Products with variations of color and/or size should be listed as one product using the variations tool. Creating multiple listings for a single unique product will result in the product being placed on hold, the seller’s account may be suspended.
  • Changing a product from its original product to a different product after a sale is prohibited
    • Once a product listing is created it should not be changed from its original listing to a different product. Products that have changed from their original form will be disabled.
  • Listing prohibited products on Tophatter is disallowed
    • Tophatter strictly regulates what can and cannot be sold on Tophatter. The responsibility of actively monitoring what products are disallowed falls to the seller. Listings for prohibited products will be disabled, products may be refunded, and the seller risks suspension.
  • Product listings that are considered to be deliberately misleading are prohibited
    • Product listings that intentionally attempt to mislead or inflate the value of the product up for bid are disallowed. Tophatter will request the seller correct misleading product listings, and products may be refunded. Sellers with excessive numbers of misleading products risk suspension.
  • Rating manipulation, or falsely inflating the ratings or reviews of your products is prohibited
    • Dishonestly increasing the reviews or ratings of your own products by submitting false reviews, shipping false products, or by other means carries the penalty of suspension.

Intellectual Property

Infringing upon intellectual property is illegal and as such carries severe penalties. By selling on Tophatter the seller agrees that if Tophatter determines (at their sole discretion) that any listed/sold products trespass upon intellectual property rights the account may be suspended and or terminated and the merchant's funds (from both sales of the infringing products and unrelated products) may be withheld and/or forfeited.

  • Tophatter prohibits the listing of and sale of counterfeit products
    • Products that attempt to mimic or duplicate the likeness of a well-known brand or product are illegal to sell and prohibited on Tophatter. Product listings for counterfeit items will be disabled, products may be refunded, and the seller’s account at risk of suspension.
  • Tophatter prohibits the listing of and sale of products that infringe on the intellectual property rights of others
    • Products listed on Tophatter and any images used in product listings must not infringe upon the intellectual property rights of others. This includes trademarks, copyrights, patents. Products found to be violating intellectual property rights will be disabled.
  • Tophatter can request proof of authorization to sell a product at any time and the merchant is required to provide this proof.
    • The burden of providing proof of authorization falls to the seller. If a seller fails to provide proof, products may be refunded, and their account is at risk of suspension/termination.
  • Falsifying proof of authorization is disallowed
    • The submission of falsified receipts, invoices, and/or authorizations will result in suspension and/or termination.


  • All paid orders must be fulfilled within 5 days
    • Most sellers fulfill orders within 1-2 days. If an order is not fulfilled, it will be refunded and the seller will be charged the seller fees for the order. Failure to fulfill orders in excess may result in suspension.
  • Sellers whose fulfilled orders fail to receive acceptance scans may be suspended
    • All fulfilled orders must receive an acceptance scan by an approved carrier within 2 days of being marked as shipped on Tophatter. If an order does not receive an acceptance scan it may be refunded and the seller will be charged the seller fees for that order. Sellers whose orders fail to be confirmed accepted by the carrier are at risk of suspension.
  • Orders must be shipped with an approved carrier
    • All orders on Tophatter must be shipped with one of Tophatter’s approved carriers. Orders shipped with an unapproved carrier must be refunded.
  • Orders to the US must be shipped with last-mile tracking
    • Orders whose destination is in the United States must be shipped with last-mile tracking. Sellers are liable for the full price of the order and any seller fees associated with the order if the order is refunded and was shipped without last-mile tracking.
  • Shipping orders with false/fake tracking numbers may result in a suspension and/or removal from the platform
    • Falsifying tracking information is prohibited and sellers determined to be using fake tracking risk suspension.
  • Sellers are liable for seller fees if an order is refunded by the seller before shipment
    • If a seller refunds an order that does not have a refund request from Tophatter or the buyer they are liable for the seller fees associated with that order. Excessive unilateral refunds put the seller at risk of suspension.

Account Performance

  • If a seller has a seller score that is below average the account may be suspended
    • If an account’s seller score is in the bottom percentile it may be suspended or terminated.
  • If an account has an excessive Broken Rate it may be suspended
    • Broken Rate is the number of paid sales in an account that have not been refunded divided by the total number of sales in an account, including those that have been refunded.
  • If an account has an excessive Item Not Received (INR) Rate it may be suspended
    • INR Rate is the number of paid orders with an Item Not Received dispute filed on them divided by the total number of paid sales in the account.
  • Contacting customers outside Tophatter is disallowed
    • Contacting customers by any methods including, but not limited to: email, phone, text, mail, outside of Tophatter is prohibited and puts the seller’s account at risk of suspension
  • Encouraging customers to pay outside Tophatter is disallowed
    • All transactions should be conducted through Tophatter. Asking or encouraging customers to complete a transaction off Tophatter may result in suspension.
  • All customer support issues are handled by Tophatter
    • All customer service is conducted by Tophatter. It is prohibited to provide customer service outside of Tophatter. Sellers found to be requesting the customer to contact them or contacting customers outside of Tophatter via notes included in packages, letters, phone calls or other means will be suspended.


  • Refunded orders are not eligible for payment.
    • If an order is refunded it will not be paid out to the seller. In some cases, the seller may be charged for the seller fees (commissions, scheduling fees, processing fees) or the entire order amount of the refunded order.
  • If an order is refunded and has already been paid out to the seller, the seller is still responsible for 100% of the cost of the refund.
    • A refund deduction equaling the order total will be added to the seller’s next payout and will be deducted from the total payout amount.
  • The seller is liable for refunded orders that do not have a tracking number or where the tracking number is invalid or inaccurate.
    • If the order is refunded and does not have a tracking number, the seller is responsible for the seller fees for the order.
    • If an order is refunded and was shipped without valid tracking or with an unapproved carrier the seller will be charged for the seller fees associated with that order.
  • The seller is responsible for paying return shipping on orders where the seller is considered to be at fault (as determined by Tophatter). If the order is refunded the seller is responsible for the order cost and seller fees.
    • Upon return, the seller is responsible for 100% of the order cost.
  • If the seller’s account has a high number of return requests the seller is responsible for the return shipping cost.
    • Upon return, the seller is responsible for 100% of the order cost.
  • The seller is liable for all seller fees for orders refunded due to fraudulent merchant activity.
    • If the seller is found to be in violation (determined at Tophatter’s sole discretion) of any Tophatter policies the seller will be invoiced for 100% of the order cost.
  • The seller is required to issue a full refund for any orders returned to the sender.
    • Refunds for orders returned to the sender should be processed within 2 days of receipt by the merchant.
  • The seller is responsible for 100% of the refund for any paid orders that are not delivered to the customer.
    • Any paid orders that are not delivered to the customer should be refunded in full. The seller may also be invoiced for the seller fees associated with the order.
  • The seller is liable for 100% of all refunds for orders shipped with unapproved carriers.
    • All orders must be shipped with an approved carrier. Sellers will be invoiced for 100% of any orders that are refunded and were shipped with unapproved carriers.


When a seller’s account on Tophatter is suspended:

  • Products will not be scheduled, sold, or shown to shoppers
  • All products will be removed from the catalog
  • All account payouts are automatically placed on hold
  • For severe violations, the store’s payout may be held for a minimum of 90 days

Reasons an account could be suspended for include, but are not limited to, the following:

  • Asking customers for their personal information, encouraging customers to contact you outside Tophatter and/or contacting customers outside Tophatter
  • Selling fake, counterfeit or prohibited products
  • Intentionally violating any Tophatter policies for profit
  • Creating more than one account, and/or having related accounts that are suspended
  • Shill bidding
  • Collusion with another account for any purpose, including but not limited to: inflating value, impacting ratings, or bypassing thresholds through artificial influence
  • Violating shipping policies, including ending empty packages, using unsupported carriers, falsifying tracking information, shipping packages to an address that does not match the address on the invoice, having excessive Late orders (orders not receiving acceptance scans by the carrier)
  • Operating unprofitably
  • Having a dormant, or abandoned, account
  • Harassment of Tophatter employees and/or Tophatter property. Our team members will communicate in a professional manner with merchants, and expect the same in return. Your account may be suspended if a team member has asked you to refrain from using abusive, obscene, hateful, or threatening language and that type of communication continues.
  • Sellers may be suspended for any policy violations as outlined here and/or any other violations of our Seller Terms of Use.

Fees and Payouts

  • Fees
    • Dependent on the selling terms specified in the seller’s account Tophatter will take a percentage of each sale in addition to a flat scheduling fee for each order. Sellers may set their own scheduling fees and may adjust them at their discretion, Tophatter will charge the fee amount that the seller had set at the time the lot was won.
    • In addition to Tophatter fees, the seller is also responsible for a credit card processing fee for each transaction. These fees are similar to other marketplace platforms and on average are around 2.9% of the total sale price plus $0.30 per transaction.
    • An additional fee may be charged for each order in violation of Tophatter policies. These fees are issued at Tophatter's discretion and will not exceed $5,000 per review, regardless of the number of orders included.
  • Payouts
    • As long as the seller remains in compliance with the Tophatter Seller Terms of Use and is not in violation of any Tophatter seller policies they will be paid the total sum of all sales net of any Tophatter seller fees, processing fees, refunds due to customers, fines, or and other payout adjustments Tophatter is entitled to make.
  • Order Payment Eligibility
    • If an Item Not Received incident has been filed, Tophatter will review orders that do not receive delivery scans or that were not shipped with last-mile tracking after 30 days (domestic) or after 60 days (international).
    • Orders will be marked payable unless a payout hold has been placed on the product.
    • A payout hold may be applied if the product has a high percentage of 1-star ratings, or if the product doesn't have enough ratings, while ratings are being collected.
    • Once an order is marked as payable it will be added to the seller’s next scheduled payout.
  • Account Payout Eligibility
    • Tophatter batches and processes payouts on Wednesdays. If this day falls on a holiday, the payout will be processed on the following business day.
    • Sellers are eligible to receive a payout every 30 days. More frequent payout cycles are available to accounts that consistently demonstrate high performance.
    • If a seller misses a payout cycle they must wait until their next scheduled payout cycle to receive payment.
    • In order to be eligible to receive a disbursement, the seller’s account must be in good standing. Suspended accounts or accounts in violation of Tophatter’s Terms of Use, seller policies, involved in third-party legal proceedings, or which are otherwise determined by Tophatter to be at risk are not eligible to receive a payout.
  • Third-Party Payment Providers
    • Tophatter uses third-party payment providers to remit payments to merchants. By linking their payout information on Tophatter the seller agrees to the terms of use set out by these providers. Violation of the terms of use for any third-party payment provider will result in termination on the Tophatter platform.