Last updated 1/3/2017
This website is operated by Freshpreneur, LLC (“Freshpreneur”). Throughout the site, the terms “we”, “us” and “our” refer to Freshpreneur. Freshpreneur offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of this Agreement or the Terms of Service at any time on this website. We reserve the right to update, change or replace any part of our Agreement and our Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By visiting our site(s) you agree to the terms outlined in the Terms of Service. By creating a Seller's Account you additionally agree with this Agreement.
SECTION 1 - ELIGIBILITY
To register, you must provide your full legal name, address, phone number, e-mail address, and valid payment information. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing, registered and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations hereunder; and (c) any information provided or made available by you or your affiliates to Freshpreneur or its affiliates is at all times accurate and complete. You must immediately notify Freshpreneur of any changes to your information. If you do not provide Freshpreneur with complete, accurate, and updated contact and payment information, you will be in violation of this agreement.
The Seller must own or be legally responsible for all products, logos, insignias, text and intellectual properties uploaded or otherwise created by the Seller on our site. All products sold must have been successfully crowdfunded or crowdsourced previously to its distribution on our site. The term "successfully" stated in the preceding sentence will be understood as having received monetary funding whether in part or in full or in excess of crowdfunding goal. Crowdfunding must have taken place on a third-party platform such as Kickstarter or Indiegogo or others.
C. Prohibited Products
We claim the right to prohibit the sale of any and all product(s) meeting any or all of the following criteria. Freshpreneur in its sole discretion will determine infringements to prohibited products.
1. Pornographic/sexually explicit material
2. Drugs, tobacco, nicotine, and any related items
4. Offensive material (excessively crude language, hate language, violence)
SECTION 2 - FEES AND PAYMENT TERMS
Freshpreneur charges a flat rate fee of 10% of the selling price of each product sold through the Site. This does not include payment processing fees which will also be charged to the Seller. The money will be collected by the Site from the customer and remitted to the seller once monthly on the 5th day of the respective month. If the 5th is a weekend or holiday, payment will be made on the first proceeding business day. All payments will be held for 30 days before being remitted to the seller on the fifth business day of each month. Transfers to the Seller's Account will generally be credited within five Business Days of the date we initiate the transfer. The amount of remitted funds will be the selling price plus applicable shipping costs less our 10% fee and applicable payment processing fees. Seller must have an active PayPal account to receive payments. We will remit money via PayPal.
When a Buyer instructs us to pay you, you agree that the Buyer authorizes and orders us to commit the Buyer's payment to you (less any applicable fees or other amounts we may collect under this Seller's Agreement). You agree that Buyers satisfy their obligations to you for your transactions when we receive the sales proceeds. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to Freshpreneur, subject to chargeback or reversal or withheld for anticipated claims in accordance with this Agreement. Freshpreneur reserves the right, in its sole discretion, to withhold funds received by us on your behalf due to returns or chargebacks.
You will give full control to Freshpreneur to act as your agent for purposes of processing payments, refunds and adjustments for your transactions on our site, receiving and holding sales proceeds on your behalf, paying Freshpreneur and its affiliates amounts you owe, and remitting sales proceeds to your bank account in accordance with this Agreement.
You can access your transaction information online in your Seller's Account. Sales proceeds can be credited only to bank accounts in the United States.
SECTION 3 - SHIPPING
Freshpreneur does not ship, receive or house any product. Sellers are responsible for the shipping of their products sold on Freshpreneur including returns and refunds. For more details on refunds, returns, and exchanges please refer to the Returns, Refunds, and Exchanges policy.
You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Freshpreneur return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.
SECTION 4- INDEMNIFICATION
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. FRESHPRENEUR DOES NOT MAKES ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE FRESHPRENEUR (AND ITS RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
SECTION 5- RELEASE
YOU RELEASE FRESHPRENEUR FOR AND FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH, (A) YOUR USE OF THE SITE, (B) THE USE OF THE SITE BY OTHERS, (C) YOUR ACTIONS, INACTIONS, AND/OR OMISSIONS AND THOSE OF USERS OF THE SITE, (D) THE PROMOTION OR ADVERTISING OF PRODUCTS ON THE SITE, AND (E) THE USE OF THE SITE TO OFFER FOR SALE OR TO FACILITATE THE SALE OF PRODUCTS.
SECTION 6 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
The terms in this Agreement are effective unless and until terminated by either you or us. You may terminate this Agreement at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Seller's Agreement, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 7 – SEVERABILITY
If any section of this Agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by Freshpreneur does not constitute a waiver of Freshpreneur’s right to enforce such section or any other section in the future.
SECTION 8 - MISCELLANEOUS
It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.
All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by us or Freshpreneur. We will send notices to you at the e-mail address maintained in our or records. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us.
Freshpreneur reserves the right to seek reimbursement from you if Freshpreneur, in its sole discretion, decides to reimburse Buyer by providing a refund to Buyer if Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from Buyer's credit card issuer for the amount of Buyer's purchase from you.
Freshpreneur retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require you not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of Your Transactions
You agree that it is your responsibility to determine whether Seller taxes apply to the transactions and to collect, report, and remit the correct Seller taxes to the appropriate tax authority, and that Freshpreneur is not obligated to determine whether Seller taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction.
It is your responsibility to directly handle all Buyer requests for returns, refunds, and exchanges. You must institute and abide by a policy detailing such requests for modifications. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to Buyers in connection with Your Transactions and will handle directly with Buyer. Freshpreneur also reserves the right to withhold any portion of your sales (both present and future) in accordance with a Buyer’s request for such a modification, within Freshpreneur’s sole discretion.
By entering into this Agreement, you grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you submit to Freshpreneur and its affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Site) through which the Site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any of your trademarks