Consumers come to the Cratejoy Marketplace from all over the world to discover new passions, hobbies, and products they love. Trust, transparency, and exceptional customer service are all key ingredients for continued engagement from these consumers, and will certainly help Merchants build a more sustainable business for the long-term. As a Cratejoy Merchant, it is important that you read and acknowledge the policies and procedures that apply to the Cratejoy Marketplace.
SELLER TERMS; MARKETPLACE POLICIES
Seller Terms. If you use the Service to sell your products, goods and services, in addition to the remainder of the Terms set forth herein the following terms and conditions shall also apply:
- Fees. (1) In addition to fees otherwise set forth in these Terms of Service, we charge you as a seller a recurring platform fee (the “Platform Fee”) plus a fee on each transaction made on the Service (the “Transaction Fee”), as described at https://www.cratejoy.com/sell/pricing/ (collectively the “Fees”). You agree to pay all Fees. The Transaction Fee amount will be assessed on the gross order amount, including shipping and tax (if applicable). Transaction Fees will be reflected in your payment account and will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Transaction Fee at any time. In the event of any partial or full refunds credited back to a buyer, the Transaction Fee and other applicable fees may be recalculated based on the adjusted sale price as described at https://support.cratejoy.com/support/solutions/articles/43000495424-fees-on-cratejoy; (2) You are solely responsible for determining any sales, use privilege, gross receipts, restaurant, excise or other tax due in connection with the sale of your products, goods and services on the Service and shall pay all such taxes and other amounts that you may owe as required by applicable law or regulation; and (3) Cratejoy does not offer payment processing services. By using a third-party payment processing service, you may also be subject to an agreement with such third party, including payment of applicable fees. If we receive notice that Your Content or activity violates a third party’s service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, disabling listings from your shop, suspending your selling privileges, or removing certain payment methods.
- Buyer Disputes, Refunds, and Reimbursement. (1) You agree to resolve any disputes directly with a buyer. We reserve the right, in our sole discretion, to seek reimbursement from you as a seller in any of the following circumstances: (a) we provide a refund to a buyer because you did not promptly deliver the products, goods or services or we, in our sole discretion, otherwise determine that a refund is warranted in a particular circumstance, (b) we discover erroneous or duplicate transactions related to a you as a seller, (c) we receive a chargeback from a buyer’s credit card issuer or other payment method or reversal of payment for the amount of a buyer’s purchase from you, or (d) you do not act in accordance with these Terms of Service or any policy hereunder or otherwise applicable to the Cratejoy marketplace . We may obtain reimbursement of any amounts owed by you to Cratejoy by deducting from future payments owed to you, reversing any credits to your payment account balance, charging your credit card on file, charging your bill, or seeking reimbursement from you by any other lawful means, including by using third-party collections services. You authorize us to use any or all of the foregoing methods to seek reimbursement. (2) Additionally, we reserve the right to (a) assist end customers (including without limitation buyers of your products, goods or services) with account management, including but not limited to subscription or purchase cancellation, change, and update, and (b) delete, alter, or rename any store that has an expired free trial.
- Relationship of the Parties. The relationship of the parties established hereby is that of independent contractors.
- Data Protection and Privacy. You are responsible for protecting personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws, rules, standards and regulations that govern the ways in which you can use user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to users with whom you interact. Your privacy policy must be compatible with these Terms of Service and Cratejoy’s Privacy Policy. You represent, warrant and covenant that the operation of your business, including without limitation the sale of products, goods or services, will at all times comply with all applicable laws, rules, standards and regulations.
- Modifications to the Service and Prices. Prices for our products or access to the Service are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Optional Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input (the “Optional Tools”). You acknowledge and agree that we provide access to such Optional Tools ”as is”, “as available”, and with all faults without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Optional Tools. Any use by you of Optional Tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which Optional Tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
- Retaining Your Content. In addition to the rights your grant us with respect to Your Content pursuant to Section 9 above, To the extent you have made Your Content accessible to others through the Service, you acknowledge and agree that we may continue to make Your Content, and associated Content, accessible to others through the Service even after you have deleted your user account, removed your check-out functionality, or “un-claimed” your listing page. If a listing page does not have check-out functionality, it will remain a community page where users can provide information and reviews related to the subscription box and/or your products, goods or services. You acknowledge and agree that as between you and Cratejoy all User Content, including, but not limited to, reviews, remain sole property of Cratejoy and will remain on this “community” listing page.
- Fee Avoidance. Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Cratejoy. This includes, for example, encouraging buyers to purchase an item in your Cratejoy Marketplace shop through another venue like your website or other source (online or offline). A transaction initiated on Cratejoy may not be completed off of Cratejoy. The price stated on each product description page must be an accurate representation of the sale. Sellers may not alter the item’s price after a sale for the purpose of avoiding Cratejoy’s fees, misrepresent the item’s location, or use another user’s account without permission. If a Seller is caught attempting to avoid fees, Cratejoy reserves the right to take action by removing the Seller from Cratejoy and converting the Seller’s product description page to a Cratejoy Community page.
Marketplace Policies. In addition to our marketplace policies located at https://support.cratejoy.com/support/solutions/folders/43000559423, which are incorporated herein by reference, you agree to the following policies related to operating as a seller on Cratejoy’s marketplace:
- Operations. (1) You agree to be a good actor on the Cratejoy marketplace, as solely determined by Cratejoy, and make every effort to positively engage with buyers and Cratejoy; (2) You agree to always present your products, goods and services in an honest manner; (3) You agree to work in good faith with Cratejoy’s marketplace support team to find solutions to issues that arise with marketplace buyers; (4) You agree to keep a payment processor connected to your account at all times; (5) You agree to clearly communicate your customer service policies to the buyer and/or potential buyer within the Product Details Page or other applicable areas on the Cratejoy marketplace; and (6) You agree to clearly outline all policies and procedures for order exchanges, refunds, or returns. You agree to fulfill all obligations to the buyer as outlined in your policies and procedures.
- Communication. (1) You will keep an active and monitored email inbox email address on file in your Cratejoy account; (2) You will respond to all verified buyer messages within 96 hours of receiving the messages. The Cratejoy support team may also communicate with Marketplace buyers to assist in necessary support or service to the buyer; (3) You will proactively communicate any product, good, service or business issues with buyers and Cratejoy to ensure a positive outcome is achieved; (4) You will make every effort possible to reply to Questions and Reviews within 96 hours of the Question or Review being posted. The Cratejoy support team may reply or add additional context for the buyer as needed, in our sole discretion; and (5) You will communicate any material product, good, service or business issues that may impact service or delivery to the buyer with the Cratejoy support team.
- Orders. (1) You will honor any cancellation request from a Buyer as it relates to your stated cancellation policy. If no policy exists, Cratejoy reserves the right to assist in a buyer’s cancellation requests if you fail to respond to Cratejoy or buyer inquiries; (2) You will honor any refund request from a buyer as it relates to your stated refund policy. If no policy exists, Cratejoy reserves the right to assist in refunds for orders placed within 48 hours of first order or renewal; and (3) You will make every effort possible to facilitate order change requests from buyers as long as products, goods or services are available.
- Product (or Service) Description Page (Product Listing). (1) You will maintain your Product (or Service) Description Page (PDP) with accurate and updated information at all times; (2) Your images will be an accurate representation of the products, goods or services you send to buyers who purchase from you; (3) Your shipping information will be accurate and updated on a regular basis to provide clarity to buyers for both first time shipments and follow-on shipments with prepay term orders; and (4) You grant Cratejoy the right to update your PDP with additional copy or information as needed, in our sole discretion.
- Product quality. (1) You commit to making every effort possible to source, procure, pack, and ship high-quality products and goods and thoughtfully curated experiences to all buyers; (2) You commit to working with buyers who are unhappy with the quality of the product, good, service or experience to find a path forward to buyer happiness; and (3) You commit to working with buyers to replace, refund, or find another solution for any product or good that arrives broken or shipments that arrives defective.
- Shipping. (1) You agree to communicate all shipping information clearly on your PDP and fulfill all shipments as stated in your shipping information; (2) You agree to ship all products or goods within 96 hours of your stated shipping information; (3) You will proactively communicate with buyers and let them know of any shipment delays consistent with all applicable laws, rules and regulations; (4) You will upload accurate tracking information into Cratejoy for every shipment sent; (5) You will mark all shipments as Shipped inside of Cratejoy when they are shipped; (6) You will proactively reach out to any buyer who has a “returned to sender” shipment to rectify the situation, update the address, and reship the shipment, each as applicable; and (7) You will proactively communicate any shipping, product or goods deficiencies with buyers and be responsive to their needs.
- We reserve the right to take action on your behalf in the following situations: You understand we will step in to aid in buyer support if you do not respond within timely manner, specifically as outlined below: (1) If a buyer contacts us within 24 hours of a successful order or renewal and requests a cancellation, refund, or application of a valid coupon, we reserve the right to take action on the buyer’s request without permission from you; (2) If a buyer contacts us after 24 hours of an order or renewal and requests a cancellation, refund, or application of a valid coupon, we will direct the buyer to contact you to action the request; (3) If a verified buyer waits longer than 96 hours to receive a response from you after contacting you through our “Contact Seller” option on the marketplace, we will handle the buyer’s support request as we deem appropriate and will communicate directly with you on the result; (4) If you have not marked a shipment as shipped within 96 hours of the expected shipment date and are unresponsive to our attempts to reach you, we will take the necessary steps to protect buyers, issue refunds, and cancel shipments, as we deem appropriate; (5) If you have not fulfilled promises made between you and the buyer, we reserve the right to step in and resolve, as we deem appropriate; (6) If a dispute is unresolved between a buyer and you, Cratejoy reserves the right to step in, mediate, and solve the dispute; (7) If you close your store and have active shipments due, we will refund the balance to subscribers and/or buyers on your behalf and collect payment from you to cover the applicable costs, fees and other amounts; and (8) In all other cases where we identify the need to step in to assist buyers with urgent needs that are not being met by you.