Wholesale Seller Terms of Service
Finnalby serves as a platform linking Wholesaler Sellers and Resellers, along with Retail Sellers and Purchasers via its web pages, Applications, and Social Networking Channels. Continue reading to learn about your rights and responsibilities as a Wholesale Seller on Finnalby.
This guideline constitutes a portion of our Terms of Service Policy. When you establish a Market on Finnalby for Wholesale Seller transactions, you consent to this policy and our Terms of Service Policy.
Wholesale Seller Account:
To acquire an account with Finnalby as a Wholesale Seller, you must register, set up a Wholesale Seller account, and receive Finnalby's approval ("Wholesale 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 Wholesale Seller Terms has occurred. By accepting these Wholesale 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 Wholesale Sellers at any given time and is not obligated to accept you as a Wholesale Seller. You release Finnalby from any liability regarding the acceptance process.The terms "include" or "including" within these Wholesale 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 purchases products via Finnalby Services for consumption purposes.
Requirements:
To qualify for a Wholesale Seller Account, you must provide a valid FEIN, EIN 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.
Wholesale Distributors:
Finnalby acknowledges that Wholesale Companies may have sales representatives (Distributors) in specific territories. If you have such representatives or are a Distributor, Finnalby will collaborate with you to block certain geographical areas where your sales representatives are located, preventing you from receiving orders from those areas. If this is pertinent to your situation, you need to contact us directly at customerservice@Finnalby.com.
Distributors:
If you plan to distribute third-party brand products on the site, you must supply us with express written consent from the applicable third-party brand. This consent should include all relevant brand details not limited to the brand name, products to be sold, and contact information for the third-party brand required by Finnalby for legal and quality purposes. As a Distributor, you acknowledge and agree that a third-party brand may choose to list its products directly on the site, in which case those products would be removed from your listing as a Distributor.
Strictly Handmade items:
Handcrafted Items are encouraged on Finnalby, and these are products created by you, the Wholesale Seller. Please review and comprehend the complete Handmade Policy,
which is part of the Terms of Service Policy.
If you sell strictly 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.
Fine Art:
Fine Art pieces are encouraged on Finnalby, and these are products created by you, the artisan and Wholesale Seller. Please review and comprehend the complete Fine Art Policy, which is part of the Terms of Service Policy.
If you sell Fine Art items, you agree that:
All pieces are made by you, and print on demand of the original is done through the Finnaby Affiliate for distribution.
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 Reseller.
If unable to complete an order, notify the Reseller and cancel the order.
Your Market Page
Each Wholesale 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 Wholesale Seller, you have additional responsibilities to protect personal information and communicate promptly with Resellers. 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 Wholesale 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 Wholesale 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 Wholesale 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 Wholesale Seller to list their entire Wholesale Catalog, unless otherwise agreed upon in writing by Finnalby, and provide a description for each product. Wholesale 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 wholesale 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 Resellers. 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 Wholesale 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, and therefore must be carefully reviewed before publishing. For more information see the 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 Resellers, who may rely on it when making purchases. Notify the reseller 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 Reseller when the order is shipped. It is recommended that you 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
Resellers 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 Reseller 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:
Wholesale 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
Resellers and Wholesale Sellers 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, and Dispute Resolution
Reviews and Finnalby's File System play a crucial role in your success on the platform. Maintain a good reputation by cooperating with Finnalby in resolving open files and addressing any policy violations or actions that 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 Wholesale 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:
Wholesale Sellers must fulfill all orders placed by Resellers through the Site and not influence Resellers 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 Brand Account tab. During "Market Hold," you can still access your Wholesale Seller Account and fulfill accepted orders.
Agreement Exclusively Between Wholesale Seller and Reseller:
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.