Retail Seller Terms of Service
Finnalby serves as a platform linking Wholesale Seller and Resellers, along with Retail Sellers and Buyers via its web pages, Applications, and Social Networking Channels. Continue reading to learn about your rights and responsibilities as a Retail Seller on Finnalby.
This policy constitutes a portion of our Terms of Service Policy. When you establish a market on Finnalby for Retail Seller transactions, you consent to this policy and our Terms of Service Policy.
Retail Seller Account
To acquire an account with Finnalby as a Retail Seller, you must register, set up a Retail Seller account, and receive Finnalby's approval ("Retail Seller Account"), as further elaborated in the Terms of Service. We maintain the authority to deactivate your account if we determine any breach of these Retail Seller Terms, including instances of selling products in unauthorized locations (as further detailed in these Retail Seller Terms). By accepting these Retail Seller Terms and providing the requested information during the application process, you authorize Finnalby and its affiliates and payment processors to settle and disburse funds to you and on your behalf, including for any third-party brands whose products you intend to distribute on the platform. You acknowledge that Finnalby can only accept a limited number of Retail Sellers at any given time and is not obligated to accept you as a Retail Seller. You release Finnalby from any liability regarding the acceptance process. The terms "include" or "including" within these Retail Seller Terms signify "including, but not limited to".
Definitions:
“Wholesale Seller” means a Seller who proposes and/or sells goods to Resellers through Finnalby Services.
“Reseller” means a vendor who procures products through the Wholesale Sellers on the Finnalby Services for the purpose of reselling them.
"Retail Seller" refers to a vendor who proposes and/or sells goods to Consumers or Buyers (end users) through Finnalby Services.
"Buyer" denotes an individual who procures products via Finnalby Services for Consumption purposes.
Requirements
To qualify for a Retail Seller Account, you must provide a valid FEIN, EIN or Social Security Number, or reseller's permit for tax purposes. Finnalby may send you a 1099-K form at the end of the year for tax reporting, where required by law.
Basic Guidelines for Selling with Finnalby
Adhering to these fundamental prerequisites paves the way for success on Finnalby.
A. What can be sold on Finnalby
Finnalby Retail Sellers enjoy a considerable range of flexibility regarding what they can sell on Finnalby. However, as a Retail Seller, you acknowledge and agree that Finnalby is not obligated to ascertain whether products sold on Finnalby Services:
(i) comply with Finnalby's Product Policy and/or are not forbidden under Finnalby's Prohibited Items Policy;
(ii) adhere to all laws, regulations, and rules, including but not limited to safety, labeling, testing, warning, import/export, and/or other consumer protection law requirements;
(iii) infringe upon the intellectual property, publicity, or other rights of others;
(iv) contain false, inaccurate, or misleading information;
(v) are allowed to be sold by you from your jurisdiction into your Buyer’s jurisdiction.
(vi) member is at least 18 years of age.
As a Retail Seller, you commit to carrying out the necessary due diligence to ensure compliance and appropriateness of your Retail Seller Products.
You hereby release Finnalby from any liability in this regard and agree to indemnify, defend, and hold Finnalby harmless for any claims arising from non-compliance, as detailed in the Indemnification section of the terms.
Handmade items
Strictly Handmade and Handcrafted Items are encouraged on Finnalby, and these are products created by you, the Retail Seller. Please review the Finnalby Strictly Handmade Policy.
If you sell handmade items, you agree that:
All handmade items are made or designed by you.
You are responsible for uploading video or photos of each item being made to the integrity team showing parts of creation.
You are using your own photographs or video content. Learn more in the Finnalby Photography Policy.
Meeting Service Level Standards
As a Finnalby Wholesale Seller, you are required to provide exceptional customer service and maintain trust with your resellers. If you fail to meet Finnalby's Seller Standard of Service, you may be contacted by Finnalby. By selling on Finnalby, you agree to:
Honor your Market’s stated shipping and processing times.
Respond to messages promptly, within 48 hours.
Honor commitments made in your Market policies.
Resolve disagreements or order issues directly with the Buyer.
If unable to complete an order, notify the Buyer and cancel the order.
Your Market Page
Each Retail Seller has a dedicated Market Page on the Site featuring their products, These products include descriptions and other relevant information. Finnalby uses the information provided in the spreadsheet you upload to create the Market Page, or you may enter your products manually on the Market Admin. Finnalby may adjust, edit, or remove the submitted content to comply with internal specifications and requirements, and has the right to give the final approval of your Market Page.
To create your Market Page, you need to upload a specific spreadsheet containing your complete wholesale product offering. The line sheet must adhere to Finnalby's Product Policy. You will also need to upload your high-resolution photography following Finnalby's Photography Policy, and your minimum order total must be displayed on your Market Page. Finnalby may request additional information.
As a Member of the World of Finnalby
As a Retail Seller, you have additional responsibilities to protect personal information and communicate promptly with Buyers. You must also adhere to guidelines for creating and uploading content, protecting personal information, and maintaining clear communication standards.
Payment Processors:
Finnalby uses third-party service providers for payment processing. You agree that Finnalby may share your information with these processors to complete transactions.
To ensure the safety of our community and prevent scams or fraud, only transactions executed through Finnalby's authorized payment processing provider shall be deemed valid and enforceable and eligible for our File system. Learn more in our Fees and Payments Policy and Fee Avoidance Policy.
Promotion:
Finnalby may feature Retail Sellers, products, and other content in various channels or media, including advertisements, email, and social media, unless you opt out by contacting Finnalby. Finnalby may also bid on Retail Sellers' brand names and keywords and create SEO-optimized pages or campaigns for their brands. Finnalby is not liable for any pricing or availability issues in advertisements. Finnalby may offer other email marketing tools for Retail Sellers, with additional terms and conditions applying.
Product Listing:
Finnalby has the right to accept or reject any products and the final discretion over the content of the Market Page. Finnalby requires each Retail Seller to list their entire Retail Catalog, unless otherwise agreed upon in writing by Finnalby, and provide a description for each product. Retail Sellers must ensure their available products comply with Finnalby's Product Policy regarding prohibited products.
Product Pricing
Pricing Consistency: You acknowledge and agree that your prices on your Market Page will be consistent with all other retail channels where your products can be found in the applicable region. See Pricing Policy.
Price Audits
You acknowledge and agree that Finnalby may perform price and content audits of the products listed on your Market Page. This includes reviewing retail price consistency between your sites and addressing discrepancies communicated by Buyers. If a discrepancy is found, Finnalby may require you to take action to resolve the issue. Failure to properly and/or timely respond to the discrepancy may lead to the temporary suspension or permanent termination of your Retail Sellers Account.
Maximum List Price:
Finnalby has a maximum price for products listed on their Site. No products will sell for more than $2,000.00 USD Retail. Failure to comply with Finnalby's Product Policy may result in the temporary suspension or permanent termination of your Finnalby Account(s), at their sole discretion.
AI Generated Content
Be advised that you have the ability to create product descriptions on our website using Artificial Intelligence (AI). These descriptions are generated with the intent of providing a general understanding of the product in question, but may not be completely accurate or cover every aspect of the product. For more information see AI Generated Content Policy.
Commission Calculation:
Commissions are calculated based on the order total (excluding shipping costs). Items marked as damaged or missing by a Reseller are deducted from the order payout. (Finnalby doesn't receive commission on these items). If a replacement is sent for a damaged or missing item, Finnalby will receive the appropriate commission for the delivered replacement item if not previously paid. If a cancellation has been refunded,commission will be due when replacement is charged properly.
Taxes:
You are solely responsible for the collection and remittance of taxes and any other payments or filings required under applicable law. You agree to indemnify, defend, and hold Finnalby harmless against any such taxes, contributions, penalties, and/or interest.
Shipping Lead Time:
Set your typical shipping lead times, described here, which should be an accurate estimation of your actual lead times, and make reasonable efforts to meet them. Finnalby reserves the right to adjust the shipping lead time based on historical data. The lead time will be displayed on your Market Page to inform Buyers, who may rely on it when making purchases. Notify the buyer of a change in expected shipping date for placed orders to approve/accept the order.
Shipping Label Fees
Shipping label fees depend on your selections when purchasing Finnalby Shipping Labels.
You must provide tracking information for each order within your account. If an order is shipped in multiple packages, provide tracking numbers for each package. Finnalby will automatically notify the Buyer when the order is shipped. It is recommended to require a signature for shipments to ensure delivery.
Shipping Insurance:
Although not required, Finnalby strongly recommends purchasing shipping insurance to facilitate shipping disputes with Resellers. Shipping protection may be available.
Damaged or Missing Product
Buyers must contact you through the Services to resolve issues related to damaged or missing items. You are responsible for resolving such issues, including making claims with your shipping provider. Finnalby may deduct payouts or charge your bank account for damaged or missing items, but you have the right to dispute these charges.
Finnalby retains the authority to accept or decline any missing or damaged report submitted by a Buyer or Retail Seller at its exclusive reasonable discretion, particularly if Finnalby suspects fraudulent activities. Finnalby's determination regarding the acceptance of a damaged or missing claim remains binding.
Product Liability Insurance
Retail Sellers must maintain general commercial liability insurance, including comprehensive product liability, at their own expense. This insurance should be in a reasonable and customary amount for companies of similar size and activities. Finnalby may request proof of insurance coverage and other relevant information at any time.
Transaction Fees:
There may be fees associated with using Finnalby's services, such as listing, selling, advertising, and other features. For more information on these fees, consult the Fees and Payments Policy.
DISCLOSURE:
UPON ENROLLING IN ONE OF OUR PAID SUBSCRIPTIONS AND PROVIDING CREDIT CARD PAYMENT, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW IN ACCORDANCE WITH THE STIPULATIONS OUTLINED BELOW.
Finnalby Chat
Retail Sellers and Buyers shall communicate directly through Finnalby Chat on the Site. Use Finnalby Chat only for legitimate business purposes, such as answering questions or resolving issues. Do not abuse Finnalby Chat or use it for personal conversations, harassment or other improper conversations or purposes. Contact Finnalby directly if you cannot answer a question or resolve an issue by emailing us directly at CustomerService@Finnalby.com.
Sending unrequested advertisements, promotions or spam, or soliciting donations;
Harassing or mistreating another member or otherwise breaching our Anti-Discrimination Policy;
Reaching out to someone after they have explicitly requested not to be contacted; or
Disrupting a transaction or interfering with another member's business.
Sharing personal contact, financial, or other information for the purpose of circumventing the checkout process on Finnalby, including phone numbers, addresses, emails, social media profiles, external links, or instructions for money transfers.
Exercise caution when exchanging personal information that is not strictly necessary for completing a transaction.
Feedback, Files, and Your Success on Finnalby
Reviews and Finnalby's File System are crucial to your success on Finnalby. Maintain a good reputation through reviews, and cooperate with Finnalby when resolving open Files. You may also face limitations on your Seller account and Finnalby's terms if you violate any policies or if your actions negatively impact the platform.
Inventory, Orders, Recalled Products
Inventory: Maintain sufficient inventory for advertised products and keep inventory numbers current. Promptly remove discontinued or out-of-stock products from your Retail Sellers Admin.
Orders: Review order details, edit inventory availability, and accept or cancel orders within 2 business days of receiving order notifications. Consistent order cancellations may result in account suspension or termination.
Recalled Products: Immediately inform Finnalby of any recalled products, providing necessary information to facilitate proper recall.
No Circumvention:
Retail Sellers must fulfill all orders placed by Buyers through the Site and not influence buyers to transact offline or circumvent Finnalby's process. Failure to abide by these terms may result in account deactivation or termination of your Account. Finnalby reserves the right file suit to reclaim lost fees, future loss of business and attorney fees.
Selling Fees
Fees may be charged for using some of Finnalby's services, such as listing, selling, advertising, and other products and features. For more information, refer to the Fees and Payments Policy.
Market Hold
You can pause your Market Page for up to 12 weeks using "Market Hold" in your Market Admin. During "Market Hold," you can still access your Retail Seller Account and fulfill accepted orders.
Agreement Exclusively Between Retail Seller and Buyer
THE PARTIES INVOLVED IN EACH TRANSACTION ACKNOWLEDGE AND AGREE THAT FINNALBY, LLC:
IS NOT A PARTY TO ANY ORDER OR TRANSACTION
HOLDS NO RESPONSIBILITY OR LIABILITY FOR ANYONE CONCERNING ANY DISPUTES ARISING UNDER ANY ORDER OR TRANSACTION
DOES NOT PROVIDE PRODUCTS UNDER ANY ORDER OR TRANSACTION NOR HAS IT ENGAGED THE INDIVIDUAL PROVIDING PRODUCTS UNDER AN ORDER OR TRANSACTION AS AN AGENT OR EMPLOYEE ACTING ON ITS BEHALF: AND
IS NOT ACCOUNTABLE FOR ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES MADE BY ANY PARTY INVOLVED IN ANY ORDER OR TRANSACTION, AND HAS NOT APPROVED OR ENDORSED SUCH STATEMENTS IN ANY WAY.
Force Majeure Clause
Finnalby cannot be held accountable for any losses, delays, disruptions, or failures in content or services delivered through the Platform that arise directly or indirectly from circumstances beyond our reasonable control. These include but are not limited to:
Internet failures
Failures in computers, telecommunications, or other equipment
Electrical power failures
Strikes or labor disputes
Riots, insurrections, or civil disturbances
Shortages of labor or materials
Curfews or lockdowns
Orders from domestic or foreign courts or tribunals
Non-performance of third parties
Fires, floods, storms, explosions
Epidemics or pandemics
War or governmental actions
Acts of God or any disasters, whether natural or manmade.
In such situations, Finnalby is absolved of any liability for the non-performance or disruption of its services.