- Accepting these terms
- Services provided by Stripe
- FindGreek’s rights and Responsibilities
- Seller rights and Responsibilities
- Appointment of FindGreek as Limited Payment Collection Agent for Sellers
- Reporting Obligations
1. Accepting These Terms
This document (the FindGreek Seller Policy or the “Policy,” for short) sets out Seller’s rights and responsibilities when you use FindGreek’s services (we’ll refer to FindGreek.com, SellGreek.com, and the FindGreek and SellGreek mobile apps and other services as our “Services”), so please read it carefully. By listing any Merchandise on FindGreek’s Services, you’re agreeing to the Policy.
The Policy is a legally binding contract between you and FindGreek (the contract is actually between you and Affinity Marketing Consultants, Inc; but we’ll just refer to Affinity Marketing Consultants, Inc. and all of its subsidiaries collectively as “FindGreek”).
We’ll refer to companies who are licensed with one or more of our clients as “Vendors”. We’ll refer to Vendors who sell items and collect payments on FindGreek as “Sellers”.
FindGreek allows Sellers to (a) accept payment from users by authorized credit and debit card transactions (b) have those funds credited to a Seller’s payment account with FindGreek, and/or (c) have those funds deposited into a Seller’s designated bank account.
Sellers must be at least 18 years old, and must register with FindGreek and be approved to sell on FindGreek. The Services are currently only available to Sellers located in the United States.
Sellers agree to promptly ship sold items once a payment transaction is complete and reflected in their payment account. FindGreek reserves the right to terminate a Seller’s access to FindGreek if the Seller uses FindGreek in any inappropriate manner. Customers may authorize a payment with any major credit or debit card approved for acceptance by FindGreek.
3. Services provided by Stripe
FindGreek partners with Stripe to facilitate payment processing, identity verification, fraud analysis, regulatory compliance, and other payments and the disbursement of funds to Sellers for Merchandise.
If there are insufficient funds in your bank account when Stripe processes the payment for your purchase, FindGreek reserves the right to contact you directly and to seek payment. FindGreek may share your personal or transactional information with Stripe when it's necessary to process payments.
If FindGreek receives notice that your content or activity violates Stripe’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 account, suspending your selling privileges, or removing certain payment methods in addition to any other relief to which FindGreek, Stripe, or the purchasing User may be entitled.
4. FindGreek’s Rights and Responsibilities
5. Seller Rights and Responsibilities
A. Use of FindGreek for Sellers. You are required to sign up to become a Seller on FindGreek, which will result in your shop accepting payment through authorized credit and debit card transactions. For you to sign up to become a Seller on FindGreek and receive payment for transactions made through FindGreek, you must provide valid business information and bank account information for a bank account in the United States.
B. Payment Accounts. Selling on FindGreek is only available to Sellers who register and are approved for a Seller account. A Seller account allows Sellers to track payment amounts, refunds, and fees related to transactions. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use a name he or she is not legally authorized to use. Sellers authorize us, and our authorized agents and payment processing vendors, to verify the their information (including any updated information) by accessing public records and obtaining credit reports about the Sellers in order to approve a payment account. Sellers also authorize FindGreek to verify the Sellers’ information from time to time while the Sellers are using FindGreek. FindGreek verifies Sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.
Payment accounts are only available to individuals who are eligible to be Sellers on FindGreek’s services and who have a valid credit or debit card and/or U.S. bank account, as determined by us in our sole discretion, which must be approved and remain on file with FindGreek.
In the event that a buyer submits a chargeback, any such funds paid by FindGreek to cover the chargeback will be deducted from the Seller’s payment account balance. Sellers agree to provide chargeback related information to us within five calendar days of the request.
D. Communications. We will inform Sellers of each transaction, or of other information pertaining to FindGreek transactions, using our standard communication procedures, including by email or through FindGreek's Vendor dashboard.
E. Refunds. Refunds or adjustments paid by FindGreek to buyers for payments made through FindGreek may be initiated using the refund functionality in the Seller's payment account. Any such funds paid by FindGreek to cover refunds will be deducted from the Seller’s payment account balance. If there are insufficient funds to cover the amount of the refund, the balance will be charged to the Seller’s credit card or added to the Seller’s FindGreek bill.
F. International Trade Laws. You agree that your use of FindGreek will not involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies.
6. Appointment of FindGreek as Limited Collection Agent for Sellers
Each Seller appoints FindGreek as its agent for the limited purpose of receiving, holding and settling payments to Seller. FindGreek will settle payments that are actually received by FindGreek to each Seller, less any amounts owed to FindGreek and subject to these Terms. Each Seller agrees that a buyer payment received by FindGreek, on behalf of Seller, satisfies the buyer's obligations to make payment to Seller, regardless of whether FindGreek actually settles such payment to Seller. If FindGreek does not settle any such payments as described in these Terms to a Seller, such Seller will have recourse only against FindGreek and not the buyer.
FindGreek charges Sellers a flat fee (the “Monthly fee”) to list their items for sale on the platform. The current Monthly Fee for each Seller is $0.99 per month. Monthly fees are paid on an annual basis and automatically deducted from the Seller’s bank account. You authorize FindGreek to keep your bank account information on file and to charge the bank account for the Monthly Fee. Upon becoming a Seller, FindGreek will begin charging the bank account on file for your Monthly Fee. We reserve the right to modify the Monthly Fee at any time. Monthly Fees are non-refundable.
When you make a sale through FindGreek, you may be charged a transaction fee (the “Transaction Fee”) on the total amount of the sale. The fee amount will be assessed on the gross order amount, including shipping and tax (if applicable). The Transaction Fee is calculated as a % of total sale price. We currently do not charge a transaction fee, but we reserve the right to modify the Transaction Fee at any time .
Payment processing fees
FindGreek charges a payment processing fee (the “Payment Processing Fee”) for processing each transaction through FindGreek. The fee amount will be assessed on the gross order amount, including shipping and tax (if applicable). Payment Processing Fees will be reflected in your payment account. The Payment Processing Fee will be deducted from the total amount of the buyer’s payment at the time the payment is considered complete. We reserve the right to modify the Payment Processing Fee at any time. In the event of any partial or full refunds credited back to a buyer, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to the Seller.
Payment Processing Fee fees are calculated as a % of total sale price + flat fee per order. The current fee is 2.9% + 0.99 USD.
The Payment Processing Fee is assessed on the total amount of the sale, including tax, shipping, and all other charges included in the listing price. Payment Processing Fees are deducted from the transaction amount as the funds become available for deposit. The Payment Processing Fee will be reflected in your payment account.
You are responsible for collecting and paying any taxes associated with using and making sales through FindGreek’s services. You need to include all applicable taxes in your listing prices. If you're required to charge VAT, GST, or other applicable taxes on the physical goods you sell, it is your responsibility to consider applicable taxes when pricing your items on FindGreek. FindGreek will issue 1099-K forms to certain Sellers to comply with IRS requirements. Please remember that FindGreek's fees do not include any withholding taxes and that you are required to pay FindGreek the full amount of our fees and may not deduct any applicable withholding taxes from that amount. In the amount you fail to charge the appropriate amount of taxes, you are solely responsible for any additional amounts owed to any federal, state, or local government, and you shall indemnify, defend, and hold harmless, us, our affiliates, our agents, and any of our or their officers, directors, employees, agents and representatives from and against any claims or damages, whatsoever, under any theory of liability, including our costs and reasonable attorney’s fees associated therewith.
Sellers are responsible for shipping their sold items to buyers. If you're using a shipping or fulfillment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive the item(s) they purchased from your shop.
By selling on FindGreek, you agree to:
A. Provide an accurate "ships from" address.
B. Specify your shipping costs and processing times in your listings.
C. Ship items promptly after they are sold. Prompt shipping means that you ship each item within 30 days of purchase, unless you specify otherwise in your processing time, although we expect you to aim to ship items within two weeks of the date of purchase.
D. Comply with all local and international shipping and customs regulations.
E. Shipping to the wrong address is likely to result in a non-delivery case, so make sure to ship to the address listed on FindGreek.
F. Mark the order as shipped in FindGreek when you ship it. Remember that you may only mark an order as shipped after you actually have shipped it and it is in the hands of the carrier. When you mark an order as shipped, the buyer will receive a notification.
G. Charge an appropriate amount for shipping.
By entering tracking information on FindGreek, you're giving us permission to collect and share the tracking information received from your chosen shipping carrier with the buyer.
In the unlikely event an order does not arrive, be prepared to provide valid proof of shipping. Valid proof of shipping must show that the item actually was shipped and that it was sent to the address provided on FindGreek. If a buyer does not receive their order, you may be required to work directly with the buyer to resolve the situation.
A. Payment Account. All funds resulting from a completed transaction will be reflected as a balance in a Seller’s payment account, from which all required fees and charges payable to FindGreek will be deducted. Transactions are considered complete once the payment is approved by FindGreek or our fraud analysis service provider. Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last payment day, are also applied to the Seller’s payment account balance.
Funds in a payment account balance are eligible for deposit (the “Available Balance”) into a Seller’s bank account at the end of any applicable deposit delay, reserve, or hold period as determined by the Seller’s bank.
B. Country and Currency Options. Available Balances can only be deposited into bank accounts in the United States in USD.
C. Scheduled Deposits. FindGreek will instruct our payments agent to initiate a deposit of a Seller’s Available Balance into the Seller’s bank account on a daily, weekly, biweekly, or monthly basis at our option. Deposits into a Seller’s bank account will generally be credited within three (3) to five (5) business days from the date FindGreek initiates the deposit request. The actual timing of the deposit may depend on how quickly a Seller’s bank processes the request.
D. Holds and Delays. In some cases, deposits to Sellers’ bank accounts could be temporarily delayed by an issue at FindGreek, at FindGreek’s third-party service providers, or at a Seller’s bank. We’ll do our best to communicate with the affected Sellers as soon as we can.
If we believe that a Seller's actions may result in buyer disputes, chargebacks, or other claims, then we may, in our sole discretion, put (1) a hold, (2) a deposit delay, or (3) a reserve on the Seller’s payment account balance.
A hold may be put on funds associated with a particular transaction if there is a dispute or investigation related to the order, for the shorter of: (a) 180 days after the estimated delivery date; or (b) completion of any investigation regarding the Seller’s actions.
Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all transactions for a Seller and the number of days is reflected in each Seller’s payment account.
A reserve is defined as a fixed percentage of a Seller’s payment account balance delayed prior to being included as part of a Seller’s Available Balance for a period of up to 180 days.
If FindGreek places a hold, a deposit delay or a reserve on a Seller’s account, we’ll do our best to communicate with the affected Seller as soon as we can.
We always work hard to avoid and minimize any delays. However, please note that FindGreek is not obligated to refund any fees or reimburse any expenses due to holds or delayed deposits.
E. Escheatment. If FindGreek cannot settle funds into a Seller’s bank account, the funds will remain in the Seller’s payment account. It is the Seller’s sole responsibility to update his or her bank account information to receive the funds. If a Seller fails to update the information to claim the funds within the required period of time, FindGreek will escheat the funds to the relevant government authority in order to comply with escheatment laws.
B. We may obtain reimbursement of any amounts owed by a Seller to FindGreek by deducting from future payments owed to the Seller, reversing any credits to the Seller’s payment account balance, charging the Seller's credit card on file, charging the Seller’s bill, or seeking reimbursement from the Seller 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, and you shall be responsible for and indemnify us for any costs, including reasonable attorneys’ fees, that we incur in collecting from you any amounts owed
12. Reporting Obligations
Internal Revenue Service regulations require that we file a Form 1099-K to report unadjusted annual gross sales information for Sellers located in the United States or being paid in USD that meet both of the following thresholds in a calendar year (reporting):
A. More than $20,000 USD in gross sales, and
B. More than 200 transactions.
To comply with these regulations, Sellers who approach 150 (one hundred and fifty) transactions in a calendar year, regardless of sales volume and aggregated across his or her Shops, will be required to provide taxpayer-identification information to FindGreek.
Sellers may terminate this contract at any time by notifying us of their decision to stop selling on FindGreek. FindGreek may also terminate or suspend a Seller’s use of FindGreek at any time.
Upon termination, any undisputed available balance will be deposited into a Seller’s bank account. FindGreek reserves the right, upon termination of access to FindGreek, to set off against any payments to be made to the Seller and/or withhold, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments or other amounts that might be paid to buyers in connection with purchases from the Seller's payment account for a prospective 180-day period. At the end of the 180-day period following termination, we will disburse to the Seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from the Seller via any of the means authorized in this Policy for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable. Seller shall complete any order placed prior to the termination date. Seller shall remain liable under this Agreement for any charges and fees incurred following termination that arose from transactions initiated prior to the termination date. Upon termination for any reason, FindGreek may delete all references to Seller shop and/or Seller listings and any related product images, data, etc. FindGreek may but is not obligated to retain backup and archival copies of any product information and may retain accounting and transaction records both during the term of this Agreement, and following termination for any reason. Seller shall maintain good and accurate accounting records both during the term of this Agreement and for six years following termination for any reason, which are sufficient to detail the transactions and all required payments herein. FindGreek shall have the right during the term and for three years following termination for any reason to audit Seller records to confirm compliance with this Agreement, provided that FindGreek provides reasonable prior notice, conducts such audit during normal business hours, and conducts such audit no more than once per year.
REVISION DATE: Aug 14, 2017