Version 2.0, dated June 1, 2021.
Welcome to FELOH. These terms (agreement) are the documents that detail your agreement with us when you (the vendor) use FELOH for listing items for purchase in the FELOH Marketplace. You may use FELOH and our services as long as you comply with these terms. If you do not agree, you will not be permitted to use FELOH or your FELOH account may be terminated after breaching any term outlined in this agreement.
FELOH may change this agreement at any time. Vendors will be notified via email of any substantial change in this agreement that may affect conducting business on FELOH. If FELOH does change this agreement and you continue to use our platform, you have indicated your consent to the changes. If you find that you do not agree to a change in the updated agreement, then you must stop using our platform and services or your account may be terminated.
This agreement permits vendors to list beauty and self-care products for sale in the FELOH Marketplace.
- PRODUCT RESTRICTIONS
Products listed on FELOH will be reviewed by a FELOH representative before the listing is activated. Products must be related to the beauty, self-care, and grooming industries. Examples of eligible items sold on FELOH include but are not limited to: haircare, skincare, makeup, nail care, beauty tools, accessories, supplements, fragrances, aroma therapy, intimate care, and more.
Items outside of the scope of beauty and grooming may be denied to use our platform for sales. Items may not be toxic, poisonous, illegally acquired, tampered with, or in need of a prescription for use. Such items attempted to be sold on the FELOH platform will result in immediate termination of vendor access to FELOH’s selling services and possible lawsuits.
Listing on the FELOH platform is free for the first 12 months, afterwards it is $10/month to keep your listings active. In order to sell on FELOH, Brands/businesses and retailers must first create a business profile on the platform. Following the registration (creation of a FELOH account and profile), the company/seller may be asked by a FELOH representative to become a FELOH vendor, or the seller may fill out an application form located within the app: https://forms.gle/Lx1p3vJ4LAj4Z4Wy7. New sellers can also contact us at firstname.lastname@example.org any time and request to become a FELOH vendor.
Once this form is submitted, a FELOH representative will assist the vendor in creating the listing and the listing will become active to the public (both on and off of the FELOH platform). Vendors will also be asked to link a bank account or PayPal account to their FELOH vendor profile so that processed payments can be released to the vendor after a purchase.
The Vendor's listing shall remain free and public for the first 12 months. On month 13th, the vendor will then be charged $10/month. When a vendor’s item is sold, FELOH will earn between 18%--25% commission on the cost of the item sold. The vendor will be responsible for covering or adding a shipping fee to the cost of the item if needed.
- COMMISSION STRUCTURE
Commission is determined by a few factors: years in business, socially driven business model, and participation in our influencer program (see section below on influencer program). Please see the below chart regarding commission structure.
- INFLUENCER PROGRAM
This program is designed to get your products in the hands of our top users who are dedicated to creating content and spreading the word on your amazing product line. Participation in this program is completely optional. Participating vendors will select 1 product from their line to feature on our featured page. Each month, a verified FELOH influencer (VIF) will be able to select a sponsored product from this page to try out. All influencers must create a post on this product and share a marketplace review of the product. If you, the vendor, choose to participate, you must be willing to sponsor (fulfill and ship for free) up to 3 product units per month to our verified influencers.
- SELLING RULES
- When an item is sold on the platform, the vendor will receive a FELOH notification via email@example.com indicating that an item has been sold. This notification will include the item(s) purchased, the quantity, name of customer, and shipping address.
- Vendors are required to fulfill and ship the sold item within 48 business hours of the transaction. FELOH assumes no responsibility in shipping purchased items.
- Once a shipping label or tracking number has been generated for the item, the vendor is required to send this information to FELOH (via email to firstname.lastname@example.org) as proof of shipping to the FELOH user/ customer. Vendors MUST send this information to FELOH in order for FELOH to release the payment to the vendor’s linked bank account.
- Given that the vendor abides by the selling rules, FELOH will disperse payments to the vendors every 7 days.
- Vendors reserve the right to refuse returns. In this case, all sales of that item are final. Vendors must explicitly say in the item’s description that returns are not accepted.
- In the case of returnable items, users must return items in an unused, un-tampered with condition. Once a customer initiates a return, FELOH will initiate a refund from the vendor’s account. If the vendor’s account is empty at the time of the refund initiation, FELOH will request a refund from the vendor. The vendor then has 24 business hours to release a refund to FELOH to be dispersed to the customer.
FELOH is not responsible for shipping items to customers. Vendors may choose to ship items themselves or use a third party vendor for shipping purposes. Vendors are not permitted to distribute or sell FELOH customer’s shipping information under any circumstances. Misuse of customer information will result in immediate termination from the FELOH platform.
Failure to comply with these selling rules will result in a series of reminders, warnings, and ultimately termination. If vendors are repeat offenders of the selling rules as determined by FELOH, the vendor’s access to FELOH’s selling services will be frozen or completely terminated as determined by FELOH. We value our users and believe they should receive the best service from the vendors that partner with us. Failure to comply with these terms can damage the FELOH brand as well as the vendor’s brand. For these reasons, FELOH will terminate vendor accounts when these terms are breached.
- VENDOR-CUSTOMER CONFLICTS AND RECONCILIATION
When there is a dispute between a FELOH customer and FELOH vendor, vendors are encouraged to reconcile the issue first. Reconciliation by the vendor may result in a refund or resending the desired purchased item. If a reconciliation cannot be met, users may submit a claim to FELOH. FELOH will work with you to understand the nature of the dispute. Depending on the nature of the dispute, FELOH may offer the customer a FELOH credit for the purchase sold.
- INTELLECTUAL PROPERTY
FELOH is committed to a high level of legal and ethical standards in the conduct of our business. It is the policy of FELOH to compete fairly in the marketplace. This commitment to fairness includes respecting the intellectual property rights of our suppliers, customers, business partners, competitors, and others, including original equipment manufacturers and other independent service organizations. No Company employee, independent contractor, or agent should steal or misuse the intellectual property rights owned or maintained by another.
This Policy applies to all employees, independent contractors, agents, officers, and directors of the Company, its subsidiaries, business units, partnerships, and joint ventures where the Company has a majority ownership position or exercises management control.
FELOH’s Intellectual Property
FELOH is committed to protecting its own intellectual property, such as information, processes, and technology, from infringement by others. FELOH’s informational tools are available at our disposal because of significant investments of time and company funds. If our intellectual property is not properly protected, it becomes available to others who have not made similar investments. This would cause us to lose our competitive advantage and compromise our ability to provide unique services to our customers.
FELOH’s intellectual property includes public and confidential company business information, trade secret technology (such as computer software and systems and know-how related to them), patented inventions and processes, trademarks and service marks, trade dress, and copyrighted works.
The Intellectual Property of Others
FELOH is also committed to respecting the intellectual property of others. The rules with respect to intellectual property, including misappropriation of business information and trade secrets (e.g., computer systems, software, and related knowhow) and infringement of patents, trademarks and service marks, trade dress, and copyrights, are complex, so you should seek expert advice from the your attorney to address specific issues that arise with respect to our business.
Any notice required or permitted by this agreement shall be sent by email to the FELOH at email@example.com and to the vendor at its email address on file with FELOH, and shall be deemed sufficient upon delivery.
- REPRESENTATIONS AND WARRANTIES
The Parties each represent and warrant that they have the right to enter into this Agreement and to grant the rights granted and assume the obligations assumed herein. The Parties further represent and warrant that the exploitation of the rights granted by each will not violate the contractual or intellectual property rights of any third party or applicable law.
You can close your FELOH listings at any time by contacting us on firstname.lastname@example.org. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid.
- LIMITATION OF LIABILITY
- IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE PLATFORM OR SERVICES PROVIDED HEREUNDER OR ANY DELAY IN DELIVERY OR FURNISHING THE Platform OR SERVICES WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE APPLICABLE PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- BOTH PARTIES' MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT OR ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, WHETHER OR NOT ARISING FROM THE APPLICABLE PARTIES' NEGLIGENCE, SHALL IN NO EVENT BE GREATER THAN THE AMOUNT PAID BY COMPANY TO VENDOR PURSUANT TO THIS AGREEMENT.
End of Vendor Agreement.