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FAIRE WHOLESALE B.V. RETAILER TERMS OF SERVICE

Any translated version of this document is provided for convenience only. The English version of this document shall control in the event of any conflict.

Last Updated: 1 January 2026

1. Overview

Thank you for your interest in becoming a Retailer on the Faire wholesale online marketplace, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Retailer Terms of Service (“Retailer Terms”), the terms “Faire,” “us,” and/or “we” refer to Faire Wholesale B.V. commercial register number 82541086, located at Wilhelmina van Pruisenweg 35, 2595AN 's-Gravenhage, Den Haag, The Netherlands, contact us. The terms “you” and/or “your” refer to you as a user of the Services as a Retailer. These Terms, along with Faire’s Terms of Service (the “General Terms”) and Privacy Policy, govern your purchase of goods as a Retailer through the Services. These Retailer Terms reference and link to various Faire policies that provide additional details regarding the Services, and such policies are incorporated herein by reference and are to be treated as part of these Retailer Terms. By confirming the Retailer Terms when registering, you agree to be bound by these Retailer Terms. Capitalized terms used herein but not defined shall have the meanings given to them in the General Terms. Throughout these Retailer Terms, the word “include” or “including” means “including, but not limited to”.

IF YOU BECOME A SUBSCRIBER TO ONE OF OUR PAID MEMBERSHIPS AND PAY BY CREDIT CARD, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW PURSUANT TO THE TERMS SET FORTH BELOW.

2. Key Definitions

“Brand” means a seller who offers to sell and/or sells its goods to Retailers through the Services.
“Retailer” means a buyer who purchases goods through the Services for the purpose of resale.

3. Account Registration – Retail Account

Retailer Account. To purchase goods through the Services as a Retailer, you must register, create a retailer account and be approved by Faire (“Retailer Account”), as further set forth in the General Terms. We reserve the right to deactivate your account if we find that you are in breach of these Retailer Terms, including in the event that you are selling products in non-Faire approved locations or on other platforms other than Faire (as further set forth in these Retailer Terms).

Qualifications. To qualify for a Retailer Account, Retailers must have an online, brick and mortar or pop-up store that is open and ready for business (authorized subscription boxes and booths may also qualify in our discretion). You must also have, and upon request provide proof of, a valid reseller’s permit or ID (or your state’s or region’s equivalent documentation).

4. Product and Content Compliance

You acknowledge and agree that Faire is not required to determine whether the products sold on the Services, or any Content related thereto: (i) abide by Faire’s Product Guidelines and/or are not prohibited under Faire’s Product Guidelines; (ii) comply with all laws, rules and regulations, including but not limited to, safety, labelling, testing, warning, import/export, and/or other consumer protection law requirements; (iii) do not infringe upon the intellectual property, publicity or other rights of others; (iv) do not contain false, inaccurate or misleading information; (iv) are allowed to be sold from the Brand’s jurisdiction and/or into your jurisdiction; and/or (v) are allowed to be sold by you from your jurisdiction into your customer’s jurisdiction. You agree to conduct the necessary due diligence for compliance and suitability of Brands and their products and accept the legal implications of purchasing products sold on the Services, including but not limited to tax and duties, licensing and any customs formalities, duties or tariffs associated with international purchases. You hereby release Faire from any liability with respect thereto, and agree to indemnify, defend and hold Faire harmless for any claims as set forth in the Indemnification section below.

5. Orders

Prohibition on Fulfilment Using Third Party Websites. You agree to not fulfil orders on third party websites unless they are approved by Faire. Prohibited sites include Amazon, eBay, Etsy, and Poshmark.
Order Minimums. Brands may specify a minimum dollar amount a Retailer must spend before a Brand is willing to sell to a Retailer (an “Order Minimum”). This amount is set by each Brand and may vary between Brands. Brands have the option to set a different Order Minimum for first orders and reorders you place with them.
Right to Refuse. You acknowledge and agree that Brands may refuse to complete your purchase and Faire may cancel a purchase for any reason.
Inventory. Faire will encourage Brands to have sufficient inventory to sell goods to Retailers. However, you acknowledge and agree that Faire does not guarantee a Brand's inventory or that there will be enough product to sell to you.
Testers and Samples. Brands may sell testers. You may add only one tester per product SKU to any full order. Samples are currently not made available by a Brand. Please note that in the event you purchase testers, they are non-returnable and non-refundable.
No Circumvention. You acknowledge and agree that you will place all orders for a Brand's product through the Services for any Brand that you are first introduced to through the Services. You acknowledge and agree that you will not influence Brands, or otherwise circumvent Faire’s process or the Services, by transacting orders with Brands you were introduced to through the Services outside of the Services. Failure to comply with this provision may result in temporary suspension or permanent termination of your Retailer Account and your ability to purchase products on Faire in the future.
Faire Protection. Where offered and available, Faire Protection is a program in which Brands, at their option, offer Retailers 90 days of postal code exclusivity protection for orders placed with that Brand on the Services. That means that the first Retailer to order from the Brand in a specific postal code will have 90 days of exclusivity with that Brand for the postal code where the Retailer is located. No other Retailers in that postal code will be allowed to purchase products from that Brand during the 90-day exclusivity period from Faire. If the Retailer does not re-order from the Brand after the 90-day exclusivity period ends, then Faire Protection ends for that Retailer, and another Retailer in that same postal code will be able to place an order and trigger Faire Protection for 90 days. Faire Protection is only available for orders placed on the Services. Faire cannot guarantee the exclusivity of postal codes beyond purchases placed on the Services and shall not be held responsible in such circumstances.
Shipping Address and Drop Shipping. You agree to provide a valid, physical address to receive any product that you order through the Services. Faire does not offer drop shipping to customers of Retailers. Retailers are also not allowed to forward purchased products to overseas locations, whether through mail forwarding services or otherwise.
Taxes. You acknowledge and agree that you are solely responsible for the collection and remittance of any taxes, including VAT and sales taxes, as well as any other payments or filings required under applicable law. You hereby release Faire with respect thereto, and agree to indemnify, defend and hold Faire harmless against any and all such (withholding or other) taxes, contributions, penalties and/or interest. All our fees are exclusive of VAT unless otherwise indicated. Dutch VAT will be levied at the standard rate (2021: 21%) on fees to Dutch based Retailers and EU based Retailers that do not present a valid VAT identification number. If no Dutch VAT is due on our services, VAT, GST or sales tax may be due in your jurisdiction via a reverse charge mechanism. You are solely responsible for correctly reporting and paying any such taxes via such reverse charge mechanism.

6. Payment

Payment Methods. To make a purchase, you must link an approved payment method (such as a credit or debit card but excluding pre-paid cards) with your Retailer Account. Approved payment methods may vary by region. By submitting payment details in conjunction with registering for a Retailer Account and/or purchasing goods, you agree to pay for the goods purchased, and any applicable taxes and other fees that may accrue, and you authorize any Brand, Faire, any of their respective affiliates and any payment processor for any of them to charge the payment method with any payment due from you using the information you have supplied to Faire, and/or (where applicable) to credit that payment method and/or to make any adjustments if necessary. Faire reserves the right to correct any errors in pricing. We will ensure that your default payment method on file in your Retailer Account is charged for amounts due from you. If this fails, any other payment method you have included in your Retailer Account may be charged.
Payment Processors. Third-party service providers may be used for payment card acquiring, fraud alerts, payment processing and the disbursement of funds to Brands from which you make purchases. You acknowledge and agree that Faire may share information about you with such payment processors in order to complete any transaction.
Conclusion of Order Contracts. In relation to the conclusion through the Faire platform of any contract for the purchase of goods by you from a Brand (a “Contract”), Faire acts as agent for the Brand and is appointed and authorised by the Brand to conclude Contracts on the Brand’s behalf. Accordingly, where payment of any amount payable by you to a Brand in respect of any Contract is made to Faire, this shall discharge your obligation to the Brand to the extent of the amount so paid. Faire does not act as agent for you in relation to the negotiation or conclusion of, or any payment made under, any Contract.
Payment timings. In respect of payments by you to Brands in respect of Contracts, Faire is granted a discretion by the Brands to determine which of two payment timings shall be available to you the Brands in respect of the purchase price under such Contracts (the “Purchase Price”), these being:
1. Payment on Shipment Terms: you are required to make payment of the Purchase Price on the day of shipment of the applicable product; or
2. 60-Day Terms: the Brand grants you a period of interest-free trade credit on the basis of which you are obliged to make payment of the Purchase Price on the day falling 60 days after the date on which the Contract is concluded.
Availability of 60 Days Terms. In determining on behalf of the Brands whether to make 60 Day Terms payment timing available to you in respect of any Contract, Faire will consider your credit standing and the aggregate amount outstanding from you in respect of all other Contracts under which payment has not yet been made in full (the “Outstanding Credit Amount”). Faire may in its discretion set a credit limit (the “Credit Limit”) which shall apply to all your Contracts such that, although you will generally be approved by Faire for the provision of 60 Day Terms by Brands, if the extension of 60 Days Terms to any new Contract will cause the Outstanding Credit Amount to exceed such Credit Limit, Payment on Shipment Terms shall be applied to that Contract. However, you shall have the option to avoid this consequence by logging onto your Retailer Account and paying down amounts outstanding under other Contracts to reduce the Outstanding Credit Amount by the requisite amount. Faire reserves the right to change any Credit Limit from time to time in its entire discretion and you may request an increase to your Credit Limit through your Retailer Account. Faire may also apply a maximum Contract purchase price size for Contracts to which 60 Day Terms may be applied. You agree that you will not create multiple accounts in an attempt to circumvent spending limits.
Failure to Make Payment & Payment Plan Program. You acknowledge and agree that if you fail to make payment when due of any part of the Outstanding Credit Amount or any other amount owing under these Terms, Faire may:
1. on behalf of the parties to whom the Outstanding Credit Amount is then owed, give notice making the whole of the Outstanding Credit Amount and any other amount payable by you under these Terms due and payable immediately (if not so already);
2. on behalf of the relevant Brands, cancel or suspend any Contracts;
3. temporarily suspend or permanently terminate your Retailer Account;
4. reduce any Credit Limit to zero;
5. apply any amount in Faire’s possession or control which is owed to you toward reduction of the Outstanding Credit Amount
6. declare that interest shall accrue on any amount outstanding from you at the rate of 8% per annum from the due date of such amount to its date of payment; and/or
7. If you fail to make payment 60 days past due of any part of an enforceable Outstanding Credit Amount or any other due and enforceable amount under these Terms, and you have not otherwise opted into a payment plan program for that amount due, you may be automatically enrolled into a 12-week payment plan, and you hereby agree to pay the total amount due in equal weekly instalments over such 12-week period. You acknowledge and agree that the Brand (via its Payment Processor) will collect the instalments by automatically charging you using the payment method(s) included in your Retailer Account (including but not limited to direct debit) and, to the extent necessary, you agree to procure any authorization required for the automatic collection of the instalments.
Faire reserves the right in these circumstances, acting on behalf of the relevant creditor, to turn over the collection of any amount due from you to a collection agency or seek any other legal or equitable remedies available to collect any outstanding debt.
Indemnity to Faire. You acknowledge that Faire may, as a matter of good platform management and at its discretion, make payment of any part of the Outstanding Credit Amount at any time to the relevant creditor (the “Discharged Creditor”). You acknowledge and agree that to the extent that Faire does this, you shall be liable to Faire in the same amount and to the same extent as you were liable to the Discharged Creditor and you shall indemnify Faire against any costs, detriment, damage or losses which it suffers as a consequence of your non-payment of any part of the Outstanding Credit Amount or other amount owing under these Terms when due.

7. Shipping Costs, Lead Times, and Duties

Shipping Costs. Shipping costs will be included on your invoice. Unless you receive free shipping on an eligible order, you are responsible for and agree to pay for all shipping costs displayed on your invoice.
Faire’s Brand Set Shipping feature (“Brand Set Shipping”) allows Brands to (i) pre-select the shipping rate (“Flat Rate”) that you will pay to ship your order to your designated location, or (ii) provide free shipping to you if the order value is above the minimum that the Brand selects (“Free Shipping Minimum”).

If a Brand is not using Brand Set Shipping (or if a Brand’s Flat Rate or Free Shipping Minimum does not apply to your order), your shipping cost will vary depending on the weight of the package and where the package is being shipped from. If a Brand has set a Flat Rate that is applicable to your order, your shipping cost will be the amount of such Flat Rate; if a Brand has set a Free Shipping Minimum that is applicable to your order, your shipping cost will be zero where such minimum order threshold has been met. You acknowledge and agree that the Brand reserves the right to request an adjustment to the shipping cost prior to order fulfillment of a Flat Rate order, which you may either accept or reject. If you do not accept the adjustment request (including by not responding to the notification from the Brand), your order will be canceled. If you accept the revised shipping cost, your order will be fulfilled and you agree to pay the revised shipping cost as communicated by the Brand.

You acknowledge and agree that Flat Rates and Free Shipping Minimums are set by Brands in their sole discretion and may not be available in all areas or for all orders. Faire may terminate or modify the Brand Set Shipping feature without advance notice, at any time and for any reason.
Lead Times. You acknowledge that lead times vary on how long it takes for a Brand to ship a product. Average lead times are displayed on the Brand's page and/or when the product is in your cart. If any order takes longer than 2 weeks to ship, your invoice due date and return window (if applicable) are automatically extended by 2 weeks. Once the Brand accepts the order, the expected ship date will be updated in your Retailer Account. You will receive a notice once the product has shipped, giving you a tracking number and letting you know the cost of shipping. This information is also available in your Retailer Account.
Customs Duties and Similar Fees. You acknowledge that if you purchase products sold on the Services that are located outside of the country you are based in, you are acting as the importer of record for any such products purchased. You further acknowledge that you are responsible to pay any customs or excise duties, tariffs, taxes, or other fees associated with or resulting from international purchases (unless otherwise explicitly offered by Faire). Although Faire may surface customs or tariff-related information provided by Brands such as the country of origin of certain products and USMCA qualification, and Faire may also attempt to estimate possible duties and other fees resulting from international purchases, you acknowledge that the information provided by Brands may be inaccurate or outdated, Faire’s estimates may be inaccurate, Faire is not required to provide such estimates, and you are solely responsible for conducting the necessary due diligence to determine possible duties, tariffs, taxes and other fees associated with importation. You will not have any recourse against Faire if Faire’s estimate is inaccurate or if the customs or tariff-related information provided by Brands is inaccurate.

8. Returns, Refunds, Cancellations

Returns. Faire offers free returns on qualifying orders placed with any Brand. From the date the order is placed, purchases made with 60-Day Terms have thirty (30) days to return the product for a full refund as you have to pay the invoice, whereas Payment on Shipment purchases may only cancel the order prior to shipment (“Return Eligibility Period”), except that damaged or missing items may be returned, refunded, or replaced in accordance with the refunds and cancellations provision 8(b) below. When goods are returned to Faire by a Retailer, Faire may at its option redistribute those products through its various redistribution channels. To qualify for free returns and prevent future charges, you must adhere to Faire return policies as outlined in our Returns, Refunds and Cancellations Policy. You acknowledge and agree that any orders from a Brand not covered in Faire’s Return Policy are not eligible for return, except under certain limited circumstances described therein. Although Faire agrees to pay free shipping on returned items that qualify, you acknowledge and agree that you pay for all shipping costs to your retail store. Those shipping costs are non-refundable, even if you later return those items for free under this Section.
Refunds and cancellations. If you receive a product that is damaged, the shipment is missing items or you do not receive the product by the expected date, you must report the issue within 14 days of receiving the product (or in the event of non-receipt, the expected receipt date) as outlined in our Returns, Refunds and Cancellations Policy. You agree that if you do not timely report the issue, the product shall be deemed delivered and satisfactory. Faire reserves the right to accept or reject any missing or damaged report filed by a Retailer in its sole reasonable discretion, including in the event Faire suspects any fraudulent activity. Faire’s decision whether to accept a damaged or missing claim shall be final.

9. Faire Messenger

Retailers and Brands may contact each other directly through Faire Messenger on the Services. You agree to use Faire Messenger only for legitimate business purposes, such as asking questions about a Brand’s products, the status of an order or to resolve business issues. You agree to not abuse Faire Messenger, to use it only as is reasonably necessary and to not use it for the purpose of harassment or other improper purposes. If you are not able to get answers to your questions or resolve issues, you may also contact Faire directly.

10. Product Content

Limited License. Faire displays various Content related to the products, including photographs, product descriptions, Brand stories and any other related content for sale on its Services. You are granted a limited, non-assignable, non-sublicensable and revocable license to use Content related to a product that you purchase on the Services on your own company’s website for the sole purpose of reselling that same product. Notwithstanding the foregoing, you agree that you will not use any such Content in any ad or media campaign, including postings, emails, ads or any other communication on Facebook, Instagram or Google, among others, without the express written consent from the owner of that Content.

You acknowledge and agree that you are merely a licensee of the Content and that you do not own, and will not claim any ownership rights in, the Content. You further acknowledge and agree that Faire is not responsible, nor shall Faire be held liable, for any Content, and Faire makes no representation or warranty that the Content does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain libellous or otherwise unlawful, abusive, harassing or obscene material, or result in the violation of any applicable law or regulation.

11. Insider

The Insider terms and conditions apply to Retailers who are Insider members.

12. Disputes

For any disputes regarding an order or product from a Brand, you agree to try to informally resolve the dispute directly with the Brand using Faire Messenger. If you are not able to resolve the dispute, you may contact Faire to help resolve the issue. Faire will use good faith efforts to assist you and the applicable Brand to resolve such dispute.

13. Indemnity

You are responsible for any loss or damage caused to third parties in connection with these Retailer Terms, the General Terms and/or any law or the rights of a third party, and/or your use of or participation on the Services. You, therefore, agree to defend, indemnify, and hold Faire, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Retailer Terms, the General Terms and/or any law or the rights of a third party, and/or your use of or participation on the Services to the maximum extent permitted by applicable law.

14. Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER FAIRE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES, APPLICATION WILL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FAIRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FAIRE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED 100 EURO. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FAIRE AND YOU.

15. Termination

If you breach any of these Retailer Terms, Faire will have the right to temporarily suspend or permanently terminate your Retailer Account, these Retailer Terms and/or the General Terms in its sole discretion and without prior notice to you. Faire reserves the right to revoke your access to and use of the Services at any time, with or without cause. In the event Faire terminates these Retailer Terms, your Retailer Account and/or the General Terms due to your breach, you will remain liable for all amounts due hereunder. Any promotional credits you may be awarded may only be redeemed on the Services and cannot be redeemed for cash or any cash equivalent, including but not limited to gift cards, certificates, or refunds. If your Account is terminated for any reason, all promotional credits will be forfeited.

You may terminate your relationship with Faire at any time by contacting us or as otherwise indicated in your Retailer Account portal. Faire will close your Retailer Account once there has been an accounting of all monies due and owing.

16. Controlling law and jurisdiction

These Retailer Terms and any action related thereto will be governed by the laws of the Netherlands. The application of the United Nations Convention on Contracts for the International Sale of Goods, private international laws (e.g. conflict of laws principles) and consumer protection e-commerce regulations, where relevant, are expressly excluded. The exclusive jurisdiction and venue of any action or court proceeding permitted under these Retailer Terms will be the competent court of Amsterdam, the Netherlands and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

17. SEPA Transactions via Adyen

When you utilize SEPA to make a payment you acknowledge and agree to the following: By providing your payment details and confirming this payment, you authorize (A) Faire Wholesale B.V. and Adyen N.V., our payment service provider, to send instructions to your bank to debit your account and (B) your bank to debit your account in accordance with the payment instruction. As part of your rights, you are entitled to a refund from your bank under the terms and conditions of your agreement with your bank. A refund must be claimed within 8 weeks starting from the date on which your account was debited. Your rights are explained in a statement that you can obtain from your bank.

This version will go into effect on May 15th 2026:

FAIRE WHOLESALE B.V. RETAILER TERMS OF SERVICE

Any translated version of this document is provided for convenience only. The English version of this document shall control in the event of any conflict.

Last Updated: 15 April 2026

1. Overview

Thank you for your interest in becoming a Retailer on the Faire wholesale online marketplace, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Retailer Terms of Service (“Retailer Terms”), the terms “Faire,” “us,” and/or “we” refer to Faire Wholesale B.V. commercial register number 82541086, located at De Boelelaan 30 1083 HJ Amsterdam, The Netherlands, contact us. The terms “you” and/or “your” refer to you as a user of the Services as a Retailer. These Terms, along with Faire’s Terms of Service (the “General Terms”) and Privacy Policy, govern your purchase of goods as a Retailer through the Services. These Retailer Terms reference and link to various Faire policies that provide additional details regarding the Services, and such policies are incorporated herein by reference and are to be treated as part of these Retailer Terms. By confirming the Retailer Terms when registering, you agree to be bound by these Retailer Terms. Capitalized terms used herein but not defined shall have the meanings given to them in the General Terms. Throughout these Retailer Terms, the word “include” or “including” means “including, but not limited to”.

IF YOU BECOME A SUBSCRIBER TO ONE OF OUR PAID MEMBERSHIPS AND PAY BY CREDIT CARD, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW PURSUANT TO THE TERMS SET FORTH BELOW.

2. Key Definitions

“Brand” means a seller who offers to sell and/or sells its goods to Retailers through the Services.
“Retailer” means a buyer who purchases goods through the Services for the purpose of resale (“Reseller”), as well as businesses that purchase goods through the Services for such business’ own use rather than for resale (“Business-Use Purchaser”).

3. Account Registration – Retail Account

Qualifications. To qualify for a Retailer Account, Retailers must have either (a) an online, brick and mortar or pop-up store that is open and ready for business (authorized subscription boxes and booths may also qualify in our discretion); (b) be in the process of starting an online, brick and mortar or pop-up store and receive acceptance into Faire’s Open with Faire program; or (c) operate another type of bona fide business. When registering or updating your Retailer Account, you must accurately identify whether you are a Reseller buying for resale or buying for resale and business use, or are instead a Business-Use Purchaser, solely buying for business use. If your business type changes, you must promptly update your business type before placing new orders. You must also have, and upon request provide proof of, a valid reseller’s permit or ID (or your state’s or region’s equivalent documentation). If you are not a Reseller and instead are solely a Business-Use Purchaser, you must also have, and upon request provide proof of, valid documentation sufficient to demonstrate that you operate a legitimate business, registered with government authorities as necessary. You agree that all purchases are made on behalf of your business, and that you are not making any purchases for any personal, family, or household purpose. You also agree that any extension of payment terms will be used solely for business and commercial purposes, not for personal, family, or household purposes.

4. Product and Content Compliance

You acknowledge and agree that Faire is not required to determine whether the products sold on the Services, or any Content related thereto: (i) abide by Faire’s Product Guidelines and/or are not prohibited under Faire’s Product Guidelines; (ii) comply with all laws, rules and regulations, including but not limited to, safety, labelling, testing, warning, import/export, and/or other consumer protection law requirements; (iii) do not infringe upon the intellectual property, publicity or other rights of others; (iv) do not contain false, inaccurate or misleading information; (iv) are allowed to be sold from the Brand’s jurisdiction and/or into your jurisdiction; (v) are allowed to be sold by you from your jurisdiction into your customer’s jurisdiction; and/or (vi) are allowed to be used by you or your customers in your jurisdiction. You agree to conduct the necessary due diligence for compliance and suitability of Brands and their products and accept the legal implications of purchasing products sold on the Services, including but not limited to tax and duties, licensing and any customs formalities, duties or tariffs associated with international purchases. You hereby release Faire from any liability with respect thereto, and agree to indemnify, defend and hold Faire harmless for any claims as set forth in the Indemnification section below.

5. Orders

Prohibition on Fulfilment Using Third Party Websites. You agree to not fulfil orders on third party websites unless they are approved by Faire. Prohibited sites include Amazon, eBay, Etsy, and Poshmark.
Order Minimums. Brands may specify a minimum dollar amount a Retailer must spend before a Brand is willing to sell to a Retailer (an “Order Minimum”). This amount is set by each Brand and may vary between Brands. Brands have the option to set a different Order Minimum for first orders and reorders you place with them.
Right to Refuse. You acknowledge and agree that Brands may refuse to complete your purchase and Faire may cancel a purchase for any reason. Additionally, please be aware that Brands may refuse orders from Business-Use Purchasers, or Resellers that indicate a purchase may be for business use instead of resale.
Inventory. Faire will encourage Brands to have sufficient inventory to sell goods to Retailers. However, you acknowledge and agree that Faire does not guarantee a Brand's inventory or that there will be enough product to sell to you.
Testers and Samples. Brands may sell testers. You may add only one tester per product SKU to any full order. Samples are currently not made available by a Brand. Please note that in the event you purchase testers, they are non-returnable and non-refundable.
No Circumvention. You acknowledge and agree that you will place all orders for a Brand's product through the Services for any Brand that you are first introduced to through the Services. You acknowledge and agree that you will not influence Brands, or otherwise circumvent Faire’s process or the Services, by transacting orders with Brands you were introduced to through the Services outside of the Services. Failure to comply with this provision may result in temporary suspension or permanent termination of your Retailer Account and your ability to purchase products on Faire in the future.
Faire Protection. Where offered and available, Faire Protection is a program in which Brands, at their option, offer Retailers 90 days of postal code exclusivity protection for orders placed with that Brand on the Services. That means that the first Retailer to order from the Brand in a specific postal code will have 90 days of exclusivity with that Brand for the postal code where the Retailer is located. No other Retailers in that postal code will be allowed to purchase products from that Brand during the 90-day exclusivity period from Faire. If the Retailer does not re-order from the Brand after the 90-day exclusivity period ends, then Faire Protection ends for that Retailer, and another Retailer in that same postal code will be able to place an order and trigger Faire Protection for 90 days. Faire Protection is only available for orders placed on the Services. Faire cannot guarantee the exclusivity of postal codes beyond purchases placed on the Services and shall not be held responsible in such circumstances.
Shipping Address and Drop Shipping. You agree to provide a valid, physical address to receive any product that you order through the Services. Faire does not offer drop shipping to customers of Retailers. Retailers are also not allowed to forward purchased products to overseas locations, whether through mail forwarding services or otherwise.
Taxes. You acknowledge and agree that you are solely responsible for the collection and remittance of any taxes, including VAT and sales taxes, as well as any other payments or filings required under applicable law. You hereby release Faire with respect thereto, and agree to indemnify, defend and hold Faire harmless against any and all such (withholding or other) taxes, contributions, penalties and/or interest. All our fees are exclusive of VAT unless otherwise indicated. Dutch VAT will be levied at the standard rate (2021: 21%) on fees to Dutch based Retailers and EU based Retailers that do not present a valid VAT identification number. If no Dutch VAT is due on our services, VAT, GST or sales tax may be due in your jurisdiction via a reverse charge mechanism. You are solely responsible for correctly reporting and paying any such taxes via such reverse charge mechanism.

6. Payment

Payment Methods. To make a purchase, you must link an approved payment method (such as a credit or debit card but excluding pre-paid cards) with your Retailer Account. Approved payment methods may vary by region. By submitting payment details in conjunction with registering for a Retailer Account and/or purchasing goods, you agree to pay for the goods purchased, and any applicable taxes and other fees that may accrue, and you authorize any Brand, Faire, any of their respective affiliates and any payment processor for any of them to charge the payment method with any payment due from you using the information you have supplied to Faire, and/or (where applicable) to credit that payment method and/or to make any adjustments if necessary. Faire reserves the right to correct any errors in pricing. We will ensure that your default payment method on file in your Retailer Account is charged for amounts due from you. If this fails, any other payment method you have included in your Retailer Account may be charged.
Payment Processors. Third-party service providers may be used for payment card acquiring, fraud alerts, payment processing and the disbursement of funds to Brands from which you make purchases. You acknowledge and agree that Faire may share information about you with such payment processors in order to complete any transaction.
Conclusion of Order Contracts. In relation to the conclusion through the Faire platform of any contract for the purchase of goods by you from a Brand (a “Contract”), Faire acts as agent for the Brand and is appointed and authorised by the Brand to conclude Contracts on the Brand’s behalf. Accordingly, where payment of any amount payable by you to a Brand in respect of any Contract is made to Faire, this shall discharge your obligation to the Brand to the extent of the amount so paid. Faire does not act as agent for you in relation to the negotiation or conclusion of, or any payment made under, any Contract.
Payment timings. In respect of payments by you to Brands in respect of Contracts, Faire is granted a discretion by the Brands to determine which of two payment timings shall be available to you the Brands in respect of the purchase price under such Contracts (the “Purchase Price”), these being:
1. Payment on Shipment Terms: you are required to make payment of the Purchase Price on the day of shipment of the applicable product; or
2. 60-Day Terms: the Brand grants you a period of interest-free trade credit on the basis of which you are obliged to make payment of the Purchase Price on the day falling 60 days after the date on which the Contract is concluded.
Availability of 60 Days Terms. In determining on behalf of the Brands whether to make 60 Day Terms payment timing available to you in respect of any Contract, Faire will consider your credit standing and the aggregate amount outstanding from you in respect of all other Contracts under which payment has not yet been made in full (the “Outstanding Credit Amount”). Faire may in its discretion set a credit limit (the “Credit Limit”) which shall apply to all your Contracts such that, although you will generally be approved by Faire for the provision of 60 Day Terms by Brands, if the extension of 60 Days Terms to any new Contract will cause the Outstanding Credit Amount to exceed such Credit Limit, Payment on Shipment Terms shall be applied to that Contract. However, you shall have the option to avoid this consequence by logging onto your Retailer Account and paying down amounts outstanding under other Contracts to reduce the Outstanding Credit Amount by the requisite amount. Faire reserves the right to change any Credit Limit from time to time in its entire discretion and you may request an increase to your Credit Limit through your Retailer Account. Faire may also apply a maximum Contract purchase price size for Contracts to which 60 Day Terms may be applied. You agree that you will not create multiple accounts in an attempt to circumvent spending limits.
Failure to Make Payment & Payment Plan Program. You acknowledge and agree that if you fail to make payment when due of any part of the Outstanding Credit Amount or any other amount owing under these Terms, Faire may:
1. on behalf of the parties to whom the Outstanding Credit Amount is then owed, give notice making the whole of the Outstanding Credit Amount and any other amount payable by you under these Terms due and payable immediately (if not so already);
2. on behalf of the relevant Brands, cancel or suspend any Contracts;
3. temporarily suspend or permanently terminate your Retailer Account;
4. reduce any Credit Limit to zero;
5. apply any amount in Faire’s possession or control which is owed to you toward reduction of the Outstanding Credit Amount
6. declare that interest shall accrue on any amount outstanding from you at the rate of 8% per annum from the due date of such amount to its date of payment; and/or
7. If you fail to make payment 60 days past due of any part of an enforceable Outstanding Credit Amount or any other due and enforceable amount under these Terms, and you have not otherwise opted into a payment plan program for that amount due, you may be automatically enrolled into a 12-week payment plan, and you hereby agree to pay the total amount due in equal weekly instalments over such 12-week period. You acknowledge and agree that the Brand (via its Payment Processor) will collect the instalments by automatically charging you using the payment method(s) included in your Retailer Account (including but not limited to direct debit) and, to the extent necessary, you agree to procure any authorization required for the automatic collection of the instalments.
Faire reserves the right in these circumstances, acting on behalf of the relevant creditor, to turn over the collection of any amount due from you to a collection agency or seek any other legal or equitable remedies available to collect any outstanding debt.
Indemnity to Faire. You acknowledge that Faire may, as a matter of good platform management and at its discretion, make payment of any part of the Outstanding Credit Amount at any time to the relevant creditor (the “Discharged Creditor”). You acknowledge and agree that to the extent that Faire does this, you shall be liable to Faire in the same amount and to the same extent as you were liable to the Discharged Creditor and you shall indemnify Faire against any costs, detriment, damage or losses which it suffers as a consequence of your non-payment of any part of the Outstanding Credit Amount or other amount owing under these Terms when due.

7. Shipping Costs, Lead Times, and Duties

Shipping Costs. Shipping costs will be included on your invoice. Unless you receive free shipping on an eligible order, you are responsible for and agree to pay for all shipping costs displayed on your invoice.
Faire’s Brand Set Shipping feature (“Brand Set Shipping”) allows Brands to (i) pre-select the shipping rate (“Flat Rate”) that you will pay to ship your order to your designated location, or (ii) provide free shipping to you if the order value is above the minimum that the Brand selects (“Free Shipping Minimum”).

If a Brand is not using Brand Set Shipping (or if a Brand’s Flat Rate or Free Shipping Minimum does not apply to your order), your shipping cost will vary depending on the weight of the package and where the package is being shipped from. If a Brand has set a Flat Rate that is applicable to your order, your shipping cost will be the amount of such Flat Rate; if a Brand has set a Free Shipping Minimum that is applicable to your order, your shipping cost will be zero where such minimum order threshold has been met. You acknowledge and agree that the Brand reserves the right to request an adjustment to the shipping cost prior to order fulfillment of a Flat Rate order, which you may either accept or reject. If you do not accept the adjustment request (including by not responding to the notification from the Brand), your order will be canceled. If you accept the revised shipping cost, your order will be fulfilled and you agree to pay the revised shipping cost as communicated by the Brand.

You acknowledge and agree that Flat Rates and Free Shipping Minimums are set by Brands in their sole discretion and may not be available in all areas or for all orders. Faire may terminate or modify the Brand Set Shipping feature without advance notice, at any time and for any reason.
Lead Times. You acknowledge that lead times vary on how long it takes for a Brand to ship a product. Average lead times are displayed on the Brand's page and/or when the product is in your cart. If any order takes longer than 2 weeks to ship, your invoice due date and return window (if applicable) are automatically extended by 2 weeks. Once the Brand accepts the order, the expected ship date will be updated in your Retailer Account. You will receive a notice once the product has shipped, giving you a tracking number and letting you know the cost of shipping. This information is also available in your Retailer Account.
Customs Duties and Similar Fees. You acknowledge that if you purchase products sold on the Services that are located outside of the country you are based in, you are acting as the importer of record for any such products purchased. You further acknowledge that you are responsible to pay any customs or excise duties, tariffs, taxes, or other fees associated with or resulting from international purchases (unless otherwise explicitly offered by Faire). Although Faire may surface customs or tariff-related information provided by Brands such as the country of origin of certain products and USMCA qualification, and Faire may also attempt to estimate possible duties and other fees resulting from international purchases, you acknowledge that the information provided by Brands may be inaccurate or outdated, Faire’s estimates may be inaccurate, Faire is not required to provide such estimates, and you are solely responsible for conducting the necessary due diligence to determine possible duties, tariffs, taxes and other fees associated with importation. You will not have any recourse against Faire if Faire’s estimate is inaccurate or if the customs or tariff-related information provided by Brands is inaccurate.

8. Returns, Refunds, Cancellations

Returns. Faire offers free returns on qualifying orders placed with any Brand. From the date the order is placed, purchases made with 60-Day Terms have thirty (30) days to return the product for a full refund as you have to pay the invoice, whereas Payment on Shipment purchases may only cancel the order prior to shipment (“Return Eligibility Period”), subject to certain limitations identified in our Returns, Refunds and Cancellations Policy, except that damaged or missing items may be returned, refunded, or replaced in accordance with the refunds and cancellations provision 8(b) below. When goods are returned to Faire by a Retailer, Faire may at its option redistribute those products through its various redistribution channels. To qualify for free returns and prevent future charges, you must adhere to Faire return policies as outlined in our Returns, Refunds and Cancellations Policy. You acknowledge and agree that any orders from a Brand not covered in Faire’s Return Policy are not eligible for return, except under certain limited circumstances described therein. Although Faire agrees to pay free shipping on returned items that qualify, you acknowledge and agree that you pay for all shipping costs to your retail store. Those shipping costs are non-refundable, even if you later return those items for free under this Section.
Refunds and cancellations. If you receive a product that is damaged, the shipment is missing items or you do not receive the product by the expected date, you must report the issue within 14 days of receiving the product (or in the event of non-receipt, the expected receipt date) as outlined in our Returns, Refunds and Cancellations Policy. You agree that if you do not timely report the issue, the product shall be deemed delivered and satisfactory. Faire reserves the right to accept or reject any missing or damaged report filed by a Retailer in its sole reasonable discretion, including in the event Faire suspects any fraudulent activity. Faire’s decision whether to accept a damaged or missing claim shall be final.

9. Faire Messenger

10. Product Content

Ads and Sponsored Product Listings. You acknowledge and agree that the Services may display advertisements or content provided by third parties, including Brands (“Third-Party Content”), some of which may be sponsored by Faire. Faire does not endorse, or guarantee the accuracy, legality, or appropriateness of any Third-Party Content, including any representations made in such advertisements. While Faire uses commercially reasonable efforts to moderate advertisements, including sponsored product listings or sponsored search results, where displayed on the Services in accordance with its Policies, Faire shall have no responsibility or liability with respect to (i) any Third-Party Content, including any errors, misrepresentations, omissions, and/or illegal activity; and/or (ii) any actions, omissions and/or decisions that you make in reliance on advertisements displayed through the Services.

11. Insider

The Insider terms and conditions apply to Retailers who are Insider members.

12. Disputes

13. Indemnity

14. Liability

15. Termination

16. Controlling law and jurisdiction

17. SEPA Transactions via Adyen

18. Business-Use Purchases

For any purchases that are for your own use as a business and not for resale, the following business-use apply: You acknowledge and agree that you shall not, and shall not permit any third party to, alter, change or modify in any manner the packaging or labeling of any goods received from a Brand in a way that misrepresents the goods as having been made by you or an entity other than the Brand, without first obtaining permission from the Brand. You shall at all times store or otherwise maintain any purchased goods in a safe and stable condition to avoid the degradation or alteration thereof. You hereby acknowledge and agree that you are, as between you and Faire, solely responsible for your receipt and use of any goods. You further acknowledge that Faire is not the producer, manufacturer, designer, provider, seller or otherwise responsible for the goods in any way. Faire acts as an online marketplace only to facilitate your purchase of goods from the Brands posting their goods on Faire’s website.

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Retailer TOS - ITA

In this guide

FAIRE WHOLESALE B.V. RETAILER TERMS OF SERVICE

Any translated version of this document is provided for convenience only. The English version of this document shall control in the event of any conflict.

Last Updated: 1 January 2026

1. Overview

IF YOU BECOME A SUBSCRIBER TO ONE OF OUR PAID MEMBERSHIPS AND PAY BY CREDIT CARD, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW PURSUANT TO THE TERMS SET FORTH BELOW.

2. Key Definitions

“Brand” means a seller who offers to sell and/or sells its goods to Retailers through the Services.
“Retailer” means a buyer who purchases goods through the Services for the purpose of resale.

3. Account Registration – Retail Account

4. Product and Content Compliance

5. Orders

Prohibition on Fulfilment Using Third Party Websites. You agree to not fulfil orders on third party websites unless they are approved by Faire. Prohibited sites include Amazon, eBay, Etsy, and Poshmark.
Order Minimums. Brands may specify a minimum dollar amount a Retailer must spend before a Brand is willing to sell to a Retailer (an “Order Minimum”). This amount is set by each Brand and may vary between Brands. Brands have the option to set a different Order Minimum for first orders and reorders you place with them.
Right to Refuse. You acknowledge and agree that Brands may refuse to complete your purchase and Faire may cancel a purchase for any reason.
Inventory. Faire will encourage Brands to have sufficient inventory to sell goods to Retailers. However, you acknowledge and agree that Faire does not guarantee a Brand's inventory or that there will be enough product to sell to you.
Testers and Samples. Brands may sell testers. You may add only one tester per product SKU to any full order. Samples are currently not made available by a Brand. Please note that in the event you purchase testers, they are non-returnable and non-refundable.
No Circumvention. You acknowledge and agree that you will place all orders for a Brand's product through the Services for any Brand that you are first introduced to through the Services. You acknowledge and agree that you will not influence Brands, or otherwise circumvent Faire’s process or the Services, by transacting orders with Brands you were introduced to through the Services outside of the Services. Failure to comply with this provision may result in temporary suspension or permanent termination of your Retailer Account and your ability to purchase products on Faire in the future.
Faire Protection. Where offered and available, Faire Protection is a program in which Brands, at their option, offer Retailers 90 days of postal code exclusivity protection for orders placed with that Brand on the Services. That means that the first Retailer to order from the Brand in a specific postal code will have 90 days of exclusivity with that Brand for the postal code where the Retailer is located. No other Retailers in that postal code will be allowed to purchase products from that Brand during the 90-day exclusivity period from Faire. If the Retailer does not re-order from the Brand after the 90-day exclusivity period ends, then Faire Protection ends for that Retailer, and another Retailer in that same postal code will be able to place an order and trigger Faire Protection for 90 days. Faire Protection is only available for orders placed on the Services. Faire cannot guarantee the exclusivity of postal codes beyond purchases placed on the Services and shall not be held responsible in such circumstances.
Shipping Address and Drop Shipping. You agree to provide a valid, physical address to receive any product that you order through the Services. Faire does not offer drop shipping to customers of Retailers. Retailers are also not allowed to forward purchased products to overseas locations, whether through mail forwarding services or otherwise.
Taxes. You acknowledge and agree that you are solely responsible for the collection and remittance of any taxes, including VAT and sales taxes, as well as any other payments or filings required under applicable law. You hereby release Faire with respect thereto, and agree to indemnify, defend and hold Faire harmless against any and all such (withholding or other) taxes, contributions, penalties and/or interest. All our fees are exclusive of VAT unless otherwise indicated. Dutch VAT will be levied at the standard rate (2021: 21%) on fees to Dutch based Retailers and EU based Retailers that do not present a valid VAT identification number. If no Dutch VAT is due on our services, VAT, GST or sales tax may be due in your jurisdiction via a reverse charge mechanism. You are solely responsible for correctly reporting and paying any such taxes via such reverse charge mechanism.

6. Payment

Payment Methods. To make a purchase, you must link an approved payment method (such as a credit or debit card but excluding pre-paid cards) with your Retailer Account. Approved payment methods may vary by region. By submitting payment details in conjunction with registering for a Retailer Account and/or purchasing goods, you agree to pay for the goods purchased, and any applicable taxes and other fees that may accrue, and you authorize any Brand, Faire, any of their respective affiliates and any payment processor for any of them to charge the payment method with any payment due from you using the information you have supplied to Faire, and/or (where applicable) to credit that payment method and/or to make any adjustments if necessary. Faire reserves the right to correct any errors in pricing. We will ensure that your default payment method on file in your Retailer Account is charged for amounts due from you. If this fails, any other payment method you have included in your Retailer Account may be charged.
Payment Processors. Third-party service providers may be used for payment card acquiring, fraud alerts, payment processing and the disbursement of funds to Brands from which you make purchases. You acknowledge and agree that Faire may share information about you with such payment processors in order to complete any transaction.
Conclusion of Order Contracts. In relation to the conclusion through the Faire platform of any contract for the purchase of goods by you from a Brand (a “Contract”), Faire acts as agent for the Brand and is appointed and authorised by the Brand to conclude Contracts on the Brand’s behalf. Accordingly, where payment of any amount payable by you to a Brand in respect of any Contract is made to Faire, this shall discharge your obligation to the Brand to the extent of the amount so paid. Faire does not act as agent for you in relation to the negotiation or conclusion of, or any payment made under, any Contract.
Payment timings. In respect of payments by you to Brands in respect of Contracts, Faire is granted a discretion by the Brands to determine which of two payment timings shall be available to you the Brands in respect of the purchase price under such Contracts (the “Purchase Price”), these being:
1. Payment on Shipment Terms: you are required to make payment of the Purchase Price on the day of shipment of the applicable product; or
2. 60-Day Terms: the Brand grants you a period of interest-free trade credit on the basis of which you are obliged to make payment of the Purchase Price on the day falling 60 days after the date on which the Contract is concluded.
Availability of 60 Days Terms. In determining on behalf of the Brands whether to make 60 Day Terms payment timing available to you in respect of any Contract, Faire will consider your credit standing and the aggregate amount outstanding from you in respect of all other Contracts under which payment has not yet been made in full (the “Outstanding Credit Amount”). Faire may in its discretion set a credit limit (the “Credit Limit”) which shall apply to all your Contracts such that, although you will generally be approved by Faire for the provision of 60 Day Terms by Brands, if the extension of 60 Days Terms to any new Contract will cause the Outstanding Credit Amount to exceed such Credit Limit, Payment on Shipment Terms shall be applied to that Contract. However, you shall have the option to avoid this consequence by logging onto your Retailer Account and paying down amounts outstanding under other Contracts to reduce the Outstanding Credit Amount by the requisite amount. Faire reserves the right to change any Credit Limit from time to time in its entire discretion and you may request an increase to your Credit Limit through your Retailer Account. Faire may also apply a maximum Contract purchase price size for Contracts to which 60 Day Terms may be applied. You agree that you will not create multiple accounts in an attempt to circumvent spending limits.
Failure to Make Payment & Payment Plan Program. You acknowledge and agree that if you fail to make payment when due of any part of the Outstanding Credit Amount or any other amount owing under these Terms, Faire may:
1. on behalf of the parties to whom the Outstanding Credit Amount is then owed, give notice making the whole of the Outstanding Credit Amount and any other amount payable by you under these Terms due and payable immediately (if not so already);
2. on behalf of the relevant Brands, cancel or suspend any Contracts;
3. temporarily suspend or permanently terminate your Retailer Account;
4. reduce any Credit Limit to zero;
5. apply any amount in Faire’s possession or control which is owed to you toward reduction of the Outstanding Credit Amount
6. declare that interest shall accrue on any amount outstanding from you at the rate of 8% per annum from the due date of such amount to its date of payment; and/or
7. If you fail to make payment 60 days past due of any part of an enforceable Outstanding Credit Amount or any other due and enforceable amount under these Terms, and you have not otherwise opted into a payment plan program for that amount due, you may be automatically enrolled into a 12-week payment plan, and you hereby agree to pay the total amount due in equal weekly instalments over such 12-week period. You acknowledge and agree that the Brand (via its Payment Processor) will collect the instalments by automatically charging you using the payment method(s) included in your Retailer Account (including but not limited to direct debit) and, to the extent necessary, you agree to procure any authorization required for the automatic collection of the instalments.
Faire reserves the right in these circumstances, acting on behalf of the relevant creditor, to turn over the collection of any amount due from you to a collection agency or seek any other legal or equitable remedies available to collect any outstanding debt.
Indemnity to Faire. You acknowledge that Faire may, as a matter of good platform management and at its discretion, make payment of any part of the Outstanding Credit Amount at any time to the relevant creditor (the “Discharged Creditor”). You acknowledge and agree that to the extent that Faire does this, you shall be liable to Faire in the same amount and to the same extent as you were liable to the Discharged Creditor and you shall indemnify Faire against any costs, detriment, damage or losses which it suffers as a consequence of your non-payment of any part of the Outstanding Credit Amount or other amount owing under these Terms when due.

7. Shipping Costs, Lead Times, and Duties

Shipping Costs. Shipping costs will be included on your invoice. Unless you receive free shipping on an eligible order, you are responsible for and agree to pay for all shipping costs displayed on your invoice.
Faire’s Brand Set Shipping feature (“Brand Set Shipping”) allows Brands to (i) pre-select the shipping rate (“Flat Rate”) that you will pay to ship your order to your designated location, or (ii) provide free shipping to you if the order value is above the minimum that the Brand selects (“Free Shipping Minimum”).

If a Brand is not using Brand Set Shipping (or if a Brand’s Flat Rate or Free Shipping Minimum does not apply to your order), your shipping cost will vary depending on the weight of the package and where the package is being shipped from. If a Brand has set a Flat Rate that is applicable to your order, your shipping cost will be the amount of such Flat Rate; if a Brand has set a Free Shipping Minimum that is applicable to your order, your shipping cost will be zero where such minimum order threshold has been met. You acknowledge and agree that the Brand reserves the right to request an adjustment to the shipping cost prior to order fulfillment of a Flat Rate order, which you may either accept or reject. If you do not accept the adjustment request (including by not responding to the notification from the Brand), your order will be canceled. If you accept the revised shipping cost, your order will be fulfilled and you agree to pay the revised shipping cost as communicated by the Brand.

You acknowledge and agree that Flat Rates and Free Shipping Minimums are set by Brands in their sole discretion and may not be available in all areas or for all orders. Faire may terminate or modify the Brand Set Shipping feature without advance notice, at any time and for any reason.
Lead Times. You acknowledge that lead times vary on how long it takes for a Brand to ship a product. Average lead times are displayed on the Brand's page and/or when the product is in your cart. If any order takes longer than 2 weeks to ship, your invoice due date and return window (if applicable) are automatically extended by 2 weeks. Once the Brand accepts the order, the expected ship date will be updated in your Retailer Account. You will receive a notice once the product has shipped, giving you a tracking number and letting you know the cost of shipping. This information is also available in your Retailer Account.
Customs Duties and Similar Fees. You acknowledge that if you purchase products sold on the Services that are located outside of the country you are based in, you are acting as the importer of record for any such products purchased. You further acknowledge that you are responsible to pay any customs or excise duties, tariffs, taxes, or other fees associated with or resulting from international purchases (unless otherwise explicitly offered by Faire). Although Faire may surface customs or tariff-related information provided by Brands such as the country of origin of certain products and USMCA qualification, and Faire may also attempt to estimate possible duties and other fees resulting from international purchases, you acknowledge that the information provided by Brands may be inaccurate or outdated, Faire’s estimates may be inaccurate, Faire is not required to provide such estimates, and you are solely responsible for conducting the necessary due diligence to determine possible duties, tariffs, taxes and other fees associated with importation. You will not have any recourse against Faire if Faire’s estimate is inaccurate or if the customs or tariff-related information provided by Brands is inaccurate.

8. Returns, Refunds, Cancellations

Returns. Faire offers free returns on qualifying orders placed with any Brand. From the date the order is placed, purchases made with 60-Day Terms have thirty (30) days to return the product for a full refund as you have to pay the invoice, whereas Payment on Shipment purchases may only cancel the order prior to shipment (“Return Eligibility Period”), except that damaged or missing items may be returned, refunded, or replaced in accordance with the refunds and cancellations provision 8(b) below. When goods are returned to Faire by a Retailer, Faire may at its option redistribute those products through its various redistribution channels. To qualify for free returns and prevent future charges, you must adhere to Faire return policies as outlined in our Returns, Refunds and Cancellations Policy. You acknowledge and agree that any orders from a Brand not covered in Faire’s Return Policy are not eligible for return, except under certain limited circumstances described therein. Although Faire agrees to pay free shipping on returned items that qualify, you acknowledge and agree that you pay for all shipping costs to your retail store. Those shipping costs are non-refundable, even if you later return those items for free under this Section.
Refunds and cancellations. If you receive a product that is damaged, the shipment is missing items or you do not receive the product by the expected date, you must report the issue within 14 days of receiving the product (or in the event of non-receipt, the expected receipt date) as outlined in our Returns, Refunds and Cancellations Policy. You agree that if you do not timely report the issue, the product shall be deemed delivered and satisfactory. Faire reserves the right to accept or reject any missing or damaged report filed by a Retailer in its sole reasonable discretion, including in the event Faire suspects any fraudulent activity. Faire’s decision whether to accept a damaged or missing claim shall be final.

9. Faire Messenger

10. Product Content

11. Insider

The Insider terms and conditions apply to Retailers who are Insider members.

12. Disputes

13. Indemnity

14. Liability

15. Termination

16. Controlling law and jurisdiction

17. SEPA Transactions via Adyen

This version will go into effect on May 15th 2026:

FAIRE WHOLESALE B.V. RETAILER TERMS OF SERVICE

Any translated version of this document is provided for convenience only. The English version of this document shall control in the event of any conflict.

Last Updated: 15 April 2026

1. Overview

Thank you for your interest in becoming a Retailer on the Faire wholesale online marketplace, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Retailer Terms of Service (“Retailer Terms”), the terms “Faire,” “us,” and/or “we” refer to Faire Wholesale B.V. commercial register number 82541086, located at De Boelelaan 30 1083 HJ Amsterdam, The Netherlands, contact us. The terms “you” and/or “your” refer to you as a user of the Services as a Retailer. These Terms, along with Faire’s Terms of Service (the “General Terms”) and Privacy Policy, govern your purchase of goods as a Retailer through the Services. These Retailer Terms reference and link to various Faire policies that provide additional details regarding the Services, and such policies are incorporated herein by reference and are to be treated as part of these Retailer Terms. By confirming the Retailer Terms when registering, you agree to be bound by these Retailer Terms. Capitalized terms used herein but not defined shall have the meanings given to them in the General Terms. Throughout these Retailer Terms, the word “include” or “including” means “including, but not limited to”.

IF YOU BECOME A SUBSCRIBER TO ONE OF OUR PAID MEMBERSHIPS AND PAY BY CREDIT CARD, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW PURSUANT TO THE TERMS SET FORTH BELOW.

2. Key Definitions

“Brand” means a seller who offers to sell and/or sells its goods to Retailers through the Services.
“Retailer” means a buyer who purchases goods through the Services for the purpose of resale (“Reseller”), as well as businesses that purchase goods through the Services for such business’ own use rather than for resale (“Business-Use Purchaser”).

3. Account Registration – Retail Account

4. Product and Content Compliance

You acknowledge and agree that Faire is not required to determine whether the products sold on the Services, or any Content related thereto: (i) abide by Faire’s Product Guidelines and/or are not prohibited under Faire’s Product Guidelines; (ii) comply with all laws, rules and regulations, including but not limited to, safety, labelling, testing, warning, import/export, and/or other consumer protection law requirements; (iii) do not infringe upon the intellectual property, publicity or other rights of others; (iv) do not contain false, inaccurate or misleading information; (iv) are allowed to be sold from the Brand’s jurisdiction and/or into your jurisdiction; (v) are allowed to be sold by you from your jurisdiction into your customer’s jurisdiction; and/or (vi) are allowed to be used by you or your customers in your jurisdiction. You agree to conduct the necessary due diligence for compliance and suitability of Brands and their products and accept the legal implications of purchasing products sold on the Services, including but not limited to tax and duties, licensing and any customs formalities, duties or tariffs associated with international purchases. You hereby release Faire from any liability with respect thereto, and agree to indemnify, defend and hold Faire harmless for any claims as set forth in the Indemnification section below.

5. Orders

Prohibition on Fulfilment Using Third Party Websites. You agree to not fulfil orders on third party websites unless they are approved by Faire. Prohibited sites include Amazon, eBay, Etsy, and Poshmark.
Order Minimums. Brands may specify a minimum dollar amount a Retailer must spend before a Brand is willing to sell to a Retailer (an “Order Minimum”). This amount is set by each Brand and may vary between Brands. Brands have the option to set a different Order Minimum for first orders and reorders you place with them.
Right to Refuse. You acknowledge and agree that Brands may refuse to complete your purchase and Faire may cancel a purchase for any reason. Additionally, please be aware that Brands may refuse orders from Business-Use Purchasers, or Resellers that indicate a purchase may be for business use instead of resale.
Inventory. Faire will encourage Brands to have sufficient inventory to sell goods to Retailers. However, you acknowledge and agree that Faire does not guarantee a Brand's inventory or that there will be enough product to sell to you.
Testers and Samples. Brands may sell testers. You may add only one tester per product SKU to any full order. Samples are currently not made available by a Brand. Please note that in the event you purchase testers, they are non-returnable and non-refundable.
No Circumvention. You acknowledge and agree that you will place all orders for a Brand's product through the Services for any Brand that you are first introduced to through the Services. You acknowledge and agree that you will not influence Brands, or otherwise circumvent Faire’s process or the Services, by transacting orders with Brands you were introduced to through the Services outside of the Services. Failure to comply with this provision may result in temporary suspension or permanent termination of your Retailer Account and your ability to purchase products on Faire in the future.
Faire Protection. Where offered and available, Faire Protection is a program in which Brands, at their option, offer Retailers 90 days of postal code exclusivity protection for orders placed with that Brand on the Services. That means that the first Retailer to order from the Brand in a specific postal code will have 90 days of exclusivity with that Brand for the postal code where the Retailer is located. No other Retailers in that postal code will be allowed to purchase products from that Brand during the 90-day exclusivity period from Faire. If the Retailer does not re-order from the Brand after the 90-day exclusivity period ends, then Faire Protection ends for that Retailer, and another Retailer in that same postal code will be able to place an order and trigger Faire Protection for 90 days. Faire Protection is only available for orders placed on the Services. Faire cannot guarantee the exclusivity of postal codes beyond purchases placed on the Services and shall not be held responsible in such circumstances.
Shipping Address and Drop Shipping. You agree to provide a valid, physical address to receive any product that you order through the Services. Faire does not offer drop shipping to customers of Retailers. Retailers are also not allowed to forward purchased products to overseas locations, whether through mail forwarding services or otherwise.
Taxes. You acknowledge and agree that you are solely responsible for the collection and remittance of any taxes, including VAT and sales taxes, as well as any other payments or filings required under applicable law. You hereby release Faire with respect thereto, and agree to indemnify, defend and hold Faire harmless against any and all such (withholding or other) taxes, contributions, penalties and/or interest. All our fees are exclusive of VAT unless otherwise indicated. Dutch VAT will be levied at the standard rate (2021: 21%) on fees to Dutch based Retailers and EU based Retailers that do not present a valid VAT identification number. If no Dutch VAT is due on our services, VAT, GST or sales tax may be due in your jurisdiction via a reverse charge mechanism. You are solely responsible for correctly reporting and paying any such taxes via such reverse charge mechanism.

6. Payment

Payment Methods. To make a purchase, you must link an approved payment method (such as a credit or debit card but excluding pre-paid cards) with your Retailer Account. Approved payment methods may vary by region. By submitting payment details in conjunction with registering for a Retailer Account and/or purchasing goods, you agree to pay for the goods purchased, and any applicable taxes and other fees that may accrue, and you authorize any Brand, Faire, any of their respective affiliates and any payment processor for any of them to charge the payment method with any payment due from you using the information you have supplied to Faire, and/or (where applicable) to credit that payment method and/or to make any adjustments if necessary. Faire reserves the right to correct any errors in pricing. We will ensure that your default payment method on file in your Retailer Account is charged for amounts due from you. If this fails, any other payment method you have included in your Retailer Account may be charged.
Payment Processors. Third-party service providers may be used for payment card acquiring, fraud alerts, payment processing and the disbursement of funds to Brands from which you make purchases. You acknowledge and agree that Faire may share information about you with such payment processors in order to complete any transaction.
Conclusion of Order Contracts. In relation to the conclusion through the Faire platform of any contract for the purchase of goods by you from a Brand (a “Contract”), Faire acts as agent for the Brand and is appointed and authorised by the Brand to conclude Contracts on the Brand’s behalf. Accordingly, where payment of any amount payable by you to a Brand in respect of any Contract is made to Faire, this shall discharge your obligation to the Brand to the extent of the amount so paid. Faire does not act as agent for you in relation to the negotiation or conclusion of, or any payment made under, any Contract.
Payment timings. In respect of payments by you to Brands in respect of Contracts, Faire is granted a discretion by the Brands to determine which of two payment timings shall be available to you the Brands in respect of the purchase price under such Contracts (the “Purchase Price”), these being:
1. Payment on Shipment Terms: you are required to make payment of the Purchase Price on the day of shipment of the applicable product; or
2. 60-Day Terms: the Brand grants you a period of interest-free trade credit on the basis of which you are obliged to make payment of the Purchase Price on the day falling 60 days after the date on which the Contract is concluded.
Availability of 60 Days Terms. In determining on behalf of the Brands whether to make 60 Day Terms payment timing available to you in respect of any Contract, Faire will consider your credit standing and the aggregate amount outstanding from you in respect of all other Contracts under which payment has not yet been made in full (the “Outstanding Credit Amount”). Faire may in its discretion set a credit limit (the “Credit Limit”) which shall apply to all your Contracts such that, although you will generally be approved by Faire for the provision of 60 Day Terms by Brands, if the extension of 60 Days Terms to any new Contract will cause the Outstanding Credit Amount to exceed such Credit Limit, Payment on Shipment Terms shall be applied to that Contract. However, you shall have the option to avoid this consequence by logging onto your Retailer Account and paying down amounts outstanding under other Contracts to reduce the Outstanding Credit Amount by the requisite amount. Faire reserves the right to change any Credit Limit from time to time in its entire discretion and you may request an increase to your Credit Limit through your Retailer Account. Faire may also apply a maximum Contract purchase price size for Contracts to which 60 Day Terms may be applied. You agree that you will not create multiple accounts in an attempt to circumvent spending limits.
Failure to Make Payment & Payment Plan Program. You acknowledge and agree that if you fail to make payment when due of any part of the Outstanding Credit Amount or any other amount owing under these Terms, Faire may:
1. on behalf of the parties to whom the Outstanding Credit Amount is then owed, give notice making the whole of the Outstanding Credit Amount and any other amount payable by you under these Terms due and payable immediately (if not so already);
2. on behalf of the relevant Brands, cancel or suspend any Contracts;
3. temporarily suspend or permanently terminate your Retailer Account;
4. reduce any Credit Limit to zero;
5. apply any amount in Faire’s possession or control which is owed to you toward reduction of the Outstanding Credit Amount
6. declare that interest shall accrue on any amount outstanding from you at the rate of 8% per annum from the due date of such amount to its date of payment; and/or
7. If you fail to make payment 60 days past due of any part of an enforceable Outstanding Credit Amount or any other due and enforceable amount under these Terms, and you have not otherwise opted into a payment plan program for that amount due, you may be automatically enrolled into a 12-week payment plan, and you hereby agree to pay the total amount due in equal weekly instalments over such 12-week period. You acknowledge and agree that the Brand (via its Payment Processor) will collect the instalments by automatically charging you using the payment method(s) included in your Retailer Account (including but not limited to direct debit) and, to the extent necessary, you agree to procure any authorization required for the automatic collection of the instalments.
Faire reserves the right in these circumstances, acting on behalf of the relevant creditor, to turn over the collection of any amount due from you to a collection agency or seek any other legal or equitable remedies available to collect any outstanding debt.
Indemnity to Faire. You acknowledge that Faire may, as a matter of good platform management and at its discretion, make payment of any part of the Outstanding Credit Amount at any time to the relevant creditor (the “Discharged Creditor”). You acknowledge and agree that to the extent that Faire does this, you shall be liable to Faire in the same amount and to the same extent as you were liable to the Discharged Creditor and you shall indemnify Faire against any costs, detriment, damage or losses which it suffers as a consequence of your non-payment of any part of the Outstanding Credit Amount or other amount owing under these Terms when due.

7. Shipping Costs, Lead Times, and Duties

Shipping Costs. Shipping costs will be included on your invoice. Unless you receive free shipping on an eligible order, you are responsible for and agree to pay for all shipping costs displayed on your invoice.
Faire’s Brand Set Shipping feature (“Brand Set Shipping”) allows Brands to (i) pre-select the shipping rate (“Flat Rate”) that you will pay to ship your order to your designated location, or (ii) provide free shipping to you if the order value is above the minimum that the Brand selects (“Free Shipping Minimum”).

If a Brand is not using Brand Set Shipping (or if a Brand’s Flat Rate or Free Shipping Minimum does not apply to your order), your shipping cost will vary depending on the weight of the package and where the package is being shipped from. If a Brand has set a Flat Rate that is applicable to your order, your shipping cost will be the amount of such Flat Rate; if a Brand has set a Free Shipping Minimum that is applicable to your order, your shipping cost will be zero where such minimum order threshold has been met. You acknowledge and agree that the Brand reserves the right to request an adjustment to the shipping cost prior to order fulfillment of a Flat Rate order, which you may either accept or reject. If you do not accept the adjustment request (including by not responding to the notification from the Brand), your order will be canceled. If you accept the revised shipping cost, your order will be fulfilled and you agree to pay the revised shipping cost as communicated by the Brand.

You acknowledge and agree that Flat Rates and Free Shipping Minimums are set by Brands in their sole discretion and may not be available in all areas or for all orders. Faire may terminate or modify the Brand Set Shipping feature without advance notice, at any time and for any reason.
Lead Times. You acknowledge that lead times vary on how long it takes for a Brand to ship a product. Average lead times are displayed on the Brand's page and/or when the product is in your cart. If any order takes longer than 2 weeks to ship, your invoice due date and return window (if applicable) are automatically extended by 2 weeks. Once the Brand accepts the order, the expected ship date will be updated in your Retailer Account. You will receive a notice once the product has shipped, giving you a tracking number and letting you know the cost of shipping. This information is also available in your Retailer Account.
Customs Duties and Similar Fees. You acknowledge that if you purchase products sold on the Services that are located outside of the country you are based in, you are acting as the importer of record for any such products purchased. You further acknowledge that you are responsible to pay any customs or excise duties, tariffs, taxes, or other fees associated with or resulting from international purchases (unless otherwise explicitly offered by Faire). Although Faire may surface customs or tariff-related information provided by Brands such as the country of origin of certain products and USMCA qualification, and Faire may also attempt to estimate possible duties and other fees resulting from international purchases, you acknowledge that the information provided by Brands may be inaccurate or outdated, Faire’s estimates may be inaccurate, Faire is not required to provide such estimates, and you are solely responsible for conducting the necessary due diligence to determine possible duties, tariffs, taxes and other fees associated with importation. You will not have any recourse against Faire if Faire’s estimate is inaccurate or if the customs or tariff-related information provided by Brands is inaccurate.

8. Returns, Refunds, Cancellations

Returns. Faire offers free returns on qualifying orders placed with any Brand. From the date the order is placed, purchases made with 60-Day Terms have thirty (30) days to return the product for a full refund as you have to pay the invoice, whereas Payment on Shipment purchases may only cancel the order prior to shipment (“Return Eligibility Period”), subject to certain limitations identified in our Returns, Refunds and Cancellations Policy, except that damaged or missing items may be returned, refunded, or replaced in accordance with the refunds and cancellations provision 8(b) below. When goods are returned to Faire by a Retailer, Faire may at its option redistribute those products through its various redistribution channels. To qualify for free returns and prevent future charges, you must adhere to Faire return policies as outlined in our Returns, Refunds and Cancellations Policy. You acknowledge and agree that any orders from a Brand not covered in Faire’s Return Policy are not eligible for return, except under certain limited circumstances described therein. Although Faire agrees to pay free shipping on returned items that qualify, you acknowledge and agree that you pay for all shipping costs to your retail store. Those shipping costs are non-refundable, even if you later return those items for free under this Section.
Refunds and cancellations. If you receive a product that is damaged, the shipment is missing items or you do not receive the product by the expected date, you must report the issue within 14 days of receiving the product (or in the event of non-receipt, the expected receipt date) as outlined in our Returns, Refunds and Cancellations Policy. You agree that if you do not timely report the issue, the product shall be deemed delivered and satisfactory. Faire reserves the right to accept or reject any missing or damaged report filed by a Retailer in its sole reasonable discretion, including in the event Faire suspects any fraudulent activity. Faire’s decision whether to accept a damaged or missing claim shall be final.

9. Faire Messenger

10. Product Content

11. Insider

The Insider terms and conditions apply to Retailers who are Insider members.

12. Disputes

13. Indemnity

14. Liability

15. Termination

16. Controlling law and jurisdiction

17. SEPA Transactions via Adyen

18. Business-Use Purchases

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