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.
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.
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:
You must be at least 18 years of age, you must comply with Finnalby's basic guidelines on what can be sold, including handmade items and ensuring that your products meet all applicable laws, regulations, and rules. You are responsible for conducting due diligence to ensure the compliance and appropriateness of your products.
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.
What can be sold on Finnalby:
Finnalby offers its Sellers significant flexibility in terms of the products they can sell on the platform. However, as a Wholesale 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 are not forbidden under Finnalby’s Prohibited Items Policy or Finnalby Services Policy;
(ii) Adhere to all applicable laws, regulations, and rules, including, but not limited to, safety, labeling, testing, warning, import/export, and other consumer protection law requirements;
(iii) Infringe upon the intellectual property, publicity, or other rights of third parties; or
(iv) Contain false, inaccurate, or misleading information.
As a Wholesale Seller, you commit to carrying out the necessary due diligence to ensure that your Market and products comply with all relevant requirements. You 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.
Handcrafted 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.
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 Line Sheet 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 provide a specific spreadsheet containing your complete wholesale product offering. The line sheet must adhere to Finnalby's Product Policy. You will also need to share with Finnalby a file with your high-resolution photography following Finnalby's Photography Policy, and your minimum order number must be displayed on your Market Page. Finnalby may request additional information. Upon completion of your Market Page, Finnalby will send you an activation email.
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.
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. Enter an expected shipping date for placed orders to approve/accept the order. You can edit your lead time in your Market Admin.
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. Brands must ensure their available products comply with Finnalby's Product Policy regarding prohibited products.
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.
Product Pricing Consistency:
You acknowledge and agree that your prices on your Market Page will be consistent with all other wholesale and retail channels where your products can be found in the applicable region. See Wholesale 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 wholesale and 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. 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.
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.
Damaged or Missing Products:
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.
Shipping Insurance:
Although not required, Finnalby strongly recommends purchasing shipping insurance to facilitate shipping disputes with Resellers. Shipping protection may be available.
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.
As a Member of the World of Finnalby
As a Wholesale Seller, you have additional responsibilities to protect personal information and maintain clear communication with resellers. This includes following guidelines for creating and uploading content, safeguarding personal information, and upholding communication standards.
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 harassment or other improper purposes. Contact Finnalby directly if you cannot answer a question or resolve an issue.
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.
Finnalby's Order Protection Program for Sellers
Finnalby offers an Order Protection Program for Sellers who meet specific requirements. For more information on this program, consult the Finnalby Order Protection Program and Policy.
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:
Fulfill all orders placed by Resellers through the Site and do 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.
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
- Fires, floods, storms, explosions
- Acts of God or natural disasters
- War or governmental actions
- Epidemics or pandemics
- Curfews or lockdowns
- Orders from domestic or foreign courts or tribunals
- Non-performance of third parties
In such situations, Finnalby is absolved of any liability for the non-performance or disruption of its services.