Terms & Conditions

 

Selling on RednWhite Service Terms :

The Selling on RednWhite Service ("Selling on RednWhite") is a Service that allows you to offer certain products and services directly on the RednWhite Site.

These Selling on RednWhite Service Terms are part of the Agreement, but, unless specifically provided otherwise, concern and apply only to your participation in Selling on RednWhite.

By registering for or using the selling on rednwhite service, you (on behalf of yourself or the business you represent) agree to be bound by the agreement, including these selling on rednwhite service terms.


S-1 Your Product Listings and Orders.

S-1.1 Products and Product Information.  

  • You will provide accurate and complete Required Product Information for each product or service that you offer through RednWhite Site and promptly update that information as necessary to ensure it at all times remains accurate and complete.

  • You will also ensure that Your Materials, Your Products (including packaging) and your offer and subsequent sale of any of the same on any RednWhite Site comply with all applicable Laws (including all minimum age, marking and labeling requirements).

  • Do not contain any sexually explicit (except to the extent expressly permitted), defamatory or obscene materials.

S-1.2 Product Listing; Merchandising; Order Processing. 

  • We will enable you to list Your Products on a particular RednWhite Site, and conduct merchandising and promote Your Products in accordance with the Agreement.

  • We may use mechanisms that rate, or allow shoppers to rate, Your Products and your performance as a Vendor and RednWhite may make these ratings and feedback publicly available.

  • We will provide Order Information to you for each order of Your Products through the applicable RednWhite Site.                                       

  • We will also receive all Sales Proceeds on your behalf for each of these transactions and will have exclusive rights to do so, and will remit them to you in accordance with these Selling on RednWhite Service Terms.

  • You will accept and fulfill invoiced orders in the timely manner as discussed which is, 2-5 days.

S-1.3 Shipping and Handling Charges.

  • For Your Products ordered by customers on or through an RednWhite Site, you will determine the shipping and handling charges subject to our Program Policies and standard functionality (including any category-based shipping and handling charges we determine, such as for products offered by sellers on the Individual selling plan and BMVD Products generally).

  • When we determine the shipping and handling charges, you will accept them as payment in full for your shipping and handling.

S-1.4 Credit Card Fraud and Unpaid Invoices. 

    • We will bear the risk of (a) credit card fraud (i.e., a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions, and (b) late payments if any or defaults by customers in connection with invoiced orders for Your Products.

    • You will bear all other risk of fraud or loss that is not caused by RednWhite

S-2 Sale and Fulfillment; Refunds and Returns.

S-2.1 Sale and Fulfillment.   

  • You will: (a) source, offer, sell and fulfill your Products, and source and, offer and sell your products, in each case in accordance with the terms of the applicable Order Information, this Agreement, and all terms provided by you or us and displayed on the applicable. White Site at the time of the order and be solely responsible for and bear all risk for those activities;

  • (b) package each of Your Products in a commercially reasonable manner complying with all applicable packaging and labeling requirements and ship each of Your Products on or before its Expected Ship Date; 

  • (c) retrieve Order Information at least once each business day;

  • (d) only cancel Your Transactions as permitted pursuant to your terms and conditions appearing on the applicable RednWhite Site at the time of the applicable order or as may be required under this Agreement; 

  • (e) fulfill Your Products throughout the Elected Country (except to the extent prohibited by Law or this Agreement);

  • (f) provide to RednWhite information regarding fulfillment and order status and tracking, in each case as requested by us using the processes designated by us, and we may make any of this information publicly available;

  • (g) comply with all Street Date instructions;

  • (h) ensure that you are the seller of each of Your Products;

  • (i) include an order-specific packing slip, and, within each shipment of Your Products;

  • (j) identify yourself as the seller of each of Your Products on all packing slips or other information included or provided in connection with Your Products and as the Person to which a customer may return the applicable product;

  • (k) send customers emails confirming orders.

S-2.2 Cancellations, Returns, and Refunds.    

  • The RednWhite Refund Policies for the applicable RednWhite Site will apply to Your Products, you will promptly accept, calculate, and process cancellations, returns, refunds, and adjustments in accordance with this Agreement and the RednWhite Refund Policies for the applicable RednWhite Site, using functionality we enable for your account.

  • Without limiting your obligations, we may in our sole discretion accept, calculate, and process cancellations, returns, refunds, and adjustments for the benefit of customers.

  • You will route any payments to customers in connection with Your Transactions through RednWhite.                                         

  • We will make any payments to customers in the manner we determine, and you will reimburse us for all amounts we pay

S-3 Problems with Your Products.

  • Delivery Errors and Nonconformities; Recalls. You are responsible for any non-performance, non-delivery, mis delivery, theft, or other mistake or act in connection with the fulfillment of Your Products, except to the extent caused by: (a) credit card fraud for which we are responsible under Section S-1.4; 

  • b) our failure to make available to you Order Information as it was received by us or resulting from address verification. You are also responsible for any non-conformity or defect in, any public or private recall of, or safety alert of any of Your Products or other products provided in connection with Your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls, or safety alerts of Your Products or other products provided in connection with Your Products.

S-4 Compensation.

    • You will pay us: (a) the applicable commission Fees; With respect to each of Your Transactions: "Sales Proceeds" has the meaning set out in this Agreement; "Commission Fee" means the applicable fee based on the Sales Proceeds from Your Transaction through the applicable RednWhite Site specified on the Selling on RednWhite Fee Schedule for that RednWhite Site at the time of Your Transaction, based on the categorization by RednWhite of the type of product that is the subject of Your Transaction; provided, however, that Sales Proceeds will include any shipping charges set by us in the case of Your Transactions that consist solely of products fulfilled

S-5 Remittance of Sales Proceeds & Refunds.

    • Except as otherwise stated in this Agreement, we will remit to you your available balance on a weekly (7 day) (or at our option, more frequent) basis, which may vary for each Vendor. For each remittance, your available balance is equal to any Sales Proceeds not previously remitted to you as of the applicable Remittance Calculation Date (which you will accept as payment in full for Your Transactions, less:  the Commission Fees

    • We may establish a reserve on your account based on our assessment of risks to RednWhite or third parties posed by your actions or performance, and we may modify the amount of the reserve from time to time at our sole discretion.                                         

    • When you either initially provide or later change Your Bank Account information, the Remittance Calculation Date may be deferred by up to 14 days. If you refund money to a customer in connection with one of Your Transactions, and the refund is routed through us (or our Affiliate), on the next available Remittance Calculation Date we will refund to you the amount of the Commission fee(s) paid by you to us attributable to the amount of the customer refund (including refunded taxes and customs duties only to the extent specified in the applicable Tax Policies

S-6 RednWhite’s Websites and Services.

  • RednWhite has the right  to determine, the design, content, functionality, availability and appropriateness of its websites, selection, and any product or listing in the RednWhite Stores, and all aspects of each Service, including your use of the same. RednWhite may assign any of these rights or delegate any of its responsibilities

RednWhite Advertising Service Terms 

  • The RednWhite Advertising Service Terms govern your use of RednWhite Advertising, a Service that allows you to advertise your products. The RednWhite Advertising Service Terms apply to your use of the Ad Services. Your use of the Ad Services (as defined in the RednWhite Advertising Agreement) is governed by the RednWhite Advertising Agreement. You accept the RednWhite Advertising Agreement, which may be updated from time to time by RednWhite in accordance with its terms. In the event of any conflict between the General Terms or Program Policies and the RednWhite Advertising Agreement with respect to the Ad Services, the RednWhite Advertising Agreement will prevail to the extent of the conflict. If the RednWhite Advertising Agreement is deemed unlawful, void, or for any reason unenforceable, then the General Terms will govern your access to and use of the Ad Services.

Transaction Processing Service Terms 

  • For invoiced orders, you authorize: (a) our payment processor company, to act as your agent for purposes of processing payments, refunds and adjustments for Your Transactions, and receiving and holding Sales Proceeds on your behalf; and (b) RednWhite to act as your agent for purposes of remitting Sales Proceeds to Your Bank Account, charging your Credit Card, and paying RednWhite and its Affiliates amounts you owe in accordance with this Agreement or other agreements you may have with RednWhite Affiliates.

Remittance:
  •                            

  • When a buyer instructs us to pay you, you agree that the buyer authorizes and orders us to commit the buyer's payment (less any applicable fees or other amounts we may collect under this Agreement) to you. You agree that buyers satisfy their obligations to you for Your Transactions when we receive the Sales Proceeds. We will remit funds to you in accordance with this Agreement.

Your Funds: 

  • Your Sales Proceeds will be held in an account with the applicable RednWhite Payments Agent (a "Seller Account") and will represent an unsecured claim against that RednWhite Payments Agent. Your Sales Proceeds are not insured by the Federal Deposit Insurance Corporation, nor do you have any right or entitlement to collect Sales Proceeds directly from any customer. Prior to disbursing funds to you, an RednWhite Payments Agent may combine Sales Proceeds held with the funds of other users of the Services, invest them, or use them for other purposes permitted by applicable Laws. You will not receive interest or any other earnings on any Sale Proceeds. To the extent required by applicable Laws, an RednWhite Payments Agent will not use any funds held on your behalf for its corporate purposes, will not voluntarily make such funds available to its creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit its creditors to attach such fund

Dormant Accounts:

  • If there is no activity (as determined by us) in connection with your Vendor Account for the period of time set forth in applicable unclaimed property laws and we hold Sales Proceeds on your behalf, we will notify you by means designated by us and provide you the option of keeping your Vendor Account open and maintaining the Sales Proceeds in your Seller Account. If you do not respond to our notice(s) within the time period we specify, we will send the Sales Proceeds in your Vendor Account to your state of residency, as determined by us based on the information in your Vendor Account.