Terms and Conditions

Application and Acceptance of the Terms

Terms Of Use

Terms and Conditions

1. Acceptance of Terms of Use and Amendments.

Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

2. Our Service.

Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations.

In order to use this web site, you must or may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

4. Privacy Policy.

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. Registration and Password. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct.

You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Third Party Services.

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

8. Indemnification.

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your violation of this Terms of Use or any other violation of the rights of another person or party.

9. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

11. Reservation of Rights. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

12. Notification of Copyright Infringement. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:

Click to contact our webmaster

13. Applicable Law.

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

14. Miscellaneous Information. (i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that partys right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

15. Consent

By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.

Provision of Services

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Users Generally

SellerBay Wholesale Buyer Policy

SellerBay Wholesale is a business-to-business platform that connects artists and designers with retail businesses. This SellerBay Wholesale Buyer Policy explains your rights and responsibilities when using SellerBay Wholesale.

This policy is a part of our Terms of Use. By using  SellerBay Wholesale as a buyer, you’re agreeing to this policy and our Terms of Use.

1. Qualifying for  SellerBay Wholesale
2. Transactions
3. Buyer Terms

1. Qualifying for SellerBay Wholesale

Prospective buyers must apply and be approved by SellerBay to purchase on the SellerBay Wholesale marketplace. Buyers must represent retail businesses and may only make purchases on SellerBay Wholesale to resell the purchased items. Buyers must be able to provide a valid Resale Tax ID, VAT, BN, or ABN number for your business. Buyers may only sell purchased items at the business that is represented on their application; false representation is considered a violation of our policies.

SellerBay  reserves the right to approve or reject any application to join SellerBay Wholesale and to refuse service to anyone, for any reason, at any time.

2. Transactions

Placing  SellerBay Wholesale orders outside the SellerBay Wholesale purchase order system is considered fee avoidance and may result in the suspension or termination of your account. All orders on SellerBay Wholesale must be placed through the  SellerBay Wholesale purchase order system.

3. Buyer Terms

Buyers agree with the following terms:

  • You guarantee that you represent a retail business and have the authority to enter into agreements on behalf of that business.
  • When issued an invoice for an order, you agree to make payment in accordance with the seller’s policies. Non-payment or late payment may result in the suspension or termination of your account and subject you to other collection mechanisms.
  • You agree to allow sellers and SellerBays to contact you via phone, email, or SellerBays Conversations tool (“Convos”) regarding orders you place. Not responding to inquiries from  SellerBaywithin seven (7) calendar days may result in the suspension or termination of your account.
  • You acknowledge that Buyers may be featured on our SellerBay platform or in other  SellerBayWholesale promotional campaigns from time to time.

SellerBays Wholesale Seller Policy

SellerBays Wholesale is a business-to-business platform that connects artists and designers with retail businesses. This  SellerBays Wholesale Seller Policy explains your rights and responsibilities when using  SellerBaysWholesale.

This policy is a part of our Terms of Use. By using  SellerBays Wholesale as a seller, you’re agreeing to this policy and our Terms of Use.

1. Qualifying for SellerBays Wholesale
2. Transactions
3. Seller Terms
4. Integration with SellerBays.com

1. Qualifying for SellerBays Wholesale

Prospective sellers must apply and be approved by SellerBays to sell on the SellerBays Wholesale marketplace. Sellers are approved based on criteria such as brand identity, pricing, and the ability to scale their businesses in line with SellerBays’s values.

SellerBays reserves the right to approve or reject any application to join  SellerBays Wholesale and to refuse service to anyone, for any reason, at any time.

2. Transactions

Completing SellerBays Wholesale orders or transactions outside the SellerBays Wholesale purchase order system is considered fee avoidance and may result in the suspension or termination of your account and subject you to other collection mechanisms. All orders on Etsy Wholesale must be placed through the  SellerBays Wholesale purchase order system.

3. Seller Terms

Sellers agree with the following terms:

  • Fees: Sales made through SellerBays Wholesale will incur a 5% transaction fee (excluding taxes and shipping costs) paid to SellerBays. You may also incur a payment processing fee if a buyer pays with a credit or debit card. Learn more about our  SellerBays Payments fees here. Transaction and processing fees will be added to your SellerBays bill.
  • Pricing: SellerBays maintains a minimum margin requirement to meet industry standards and the expectations of our retailer community.
    • You agree that the wholesale price of your items will be at least 50% less than the retail price; and
    • You agree that the MSRP (Manufacturer’s Suggested Retail Price) of your items will match the existing retail price.
  • You agree to accurately and faithfully update the status of orders through the SellerBays Wholesale purchase order system (for example, as “Approved,” “Shipped,” or “Paid”). Failure to do so is considered fee avoidance and may result in the suspension or termination of your account and subject you to other collection mechanisms.
  • You agree not to use SellerBays’s features or tools to direct transactions off  SellerBays Wholesale, or to circumvent or manipulate our fee structure, the billing process, or fees owed to SellerBays  in any way.
  • All purchase orders initiated through SellerBays Wholesale must remain on SellerBays Wholesale.
  • You agree to allow buyers and SellerBays to contact you via phone, email, or SellerBays's Conversations tool (“Convos”) regarding orders you receive. Not responding to inquiries from SellerBays within seven (7) calendar days may result in the suspension or termination of your account.
  • You agree only to sell items on SellerBays Wholesale that comply with SellerBays’s Seller Policy for the handmade category (vintage goods and craft supplies may not be sold on SellerBays Wholesale) and SellerBays’s Intellectual Property Policy.
  • You are solely responsible for collecting and remitting any and all taxes applicable to any sales you make on  SellerBaysvWholesale and for requesting and inspecting any documents required for taxes or tax exemptions from Buyers.

4. Integration with SellerBays.com

While the SellerBays Wholesale website is generally integrated with the SellerBays website (https://www.seller-bay.com), some sections are maintained separately to limit the information available to non-members of SellerBays Wholesale. Items listed for sale and wholesale prices posted on  SellerBays Wholesale will not appear to users of the  SellerBayswebsite who are not users of  SellerBays Wholesale.

Member Accounts

Except in emergency situations or when consistent with our Terms of Use, Privacy Policy, and applicable law, SellerBays requires valid and sufficient legal process (such as a subpoena or court order, for example) to compel us to disclose records or information about an SellerBays  member.

Legal process must contain enough identifying information so that SellerBays can identify the member’s account. A common name, for example, does not uniquely identify a member’s account. Your legal process should include information such as an email address, transaction ID, username, shop name, or payment information.

Member’s Responsibilities

Before you contact  SellerBays or records or information, first see if the information you are seeking is publicly available or request the records directly from the relevant SellerBays  member.

Some information about SellerBays  buyers, and sellers (which we collectively refer to in this policy as “ SellerBays Members”) and SellerBays Shops (which we collectively refer to as “Shops”), such as a Shop’s name, the public name of its owner, and the Shop’s policies, is public and can be viewed by anyone at any time. In addition,  SellerBays members may have access to certain records by logging in to their accounts. For example,  SellerBays sellers can access and download sales records in .csv format, and all members can view their Conversation history by navigating to the relevant pages in their SellerBays   accounts.

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