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Brand TOS - ANZ

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FAIRE WHOLESALE, INC. BRAND TERMS OF SERVICE

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

Last Updated: April 15, 2025

1. Overview

Thank you for your interest in becoming a brand on the Faire wholesale online marketplace, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Brand Terms of Service (“Brand Terms”), the terms “Faire,” “us,” and/or “we” refer to Faire Wholesale, Inc. which is the entity providing the Services in Australia and New Zealand. The terms “you” and/or “your” refer to you as a user of the Services as a Brand. These Brand Terms, along with Faire’s Terms of Service (“General Terms”) and Privacy Policy, govern your sale of products as a Brand through the Services. These Brand 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 Brand Terms. By confirming the Terms of Service when registering, you acknowledge and agree to the set forth below. Capitalized terms used herein but not defined shall have the meanings given to them in the General Terms. Throughout these Brand Terms, the word “include” or “including” means “including, but not limited to”.

2. Key Definitions

“Brand” means a seller who offers to sell and/or sells its products to Retailers through the Services. The term “Brand” also includes “Distributor” as defined below.
“Distributor” means a seller who offers to sell and/or sells a third party brand’s products to Retailers on the Services under express, valid and continuous authorization from such third party brand.
“Retailer” means a buyer who purchases products through the Services for the purpose of resale, as well as businesses that purchase goods through the Services for such business’ own use rather than for resale.

3. Account Registration – Brand Account

Brand Account. To sell products through the Services as a Brand, you must submit an application to become a brand and be approved by Faire for an account (“Brand Account”), as further set forth in the General Terms. By accepting these Brand Terms and providing the requested information (including any necessary documentation evidencing product compliance and safety and if you are a Distributor, proof that you have the necessary rights from applicable third party brands whose products you seek to distribute on the Services) during the Brand application process (as detailed in the General Terms), you authorize Faire and its affiliates, acting on your behalf, to conclude contracts with Retailers for the sale of Brand products, and on behalf of any third party brands whose products you seek to distribute on the Service. Faire will use good faith efforts to review your application to become a Brand as soon as possible. You acknowledge that Faire is only able to accept a limited number of Brands at any given time, and that Faire is not obligated to accept you as a Brand. You hereby release Faire from any liability regarding the acceptance process.
Wholesale Relationships. Faire understands that Brands have sales representatives in certain territories. If you have such sales representatives, Faire may, depending on circumstances and regulations, work with you to limit certain geographical areas where your sales representatives are located so that you do not receive orders from those geographical areas. To discuss this, you will need to contact us.
Distributors. If you intend to distribute a third party brand’s products on the Services, you must obtain express written consent from the applicable third party brand. Such consent must include all relevant third party brand details (including, without limitation, brand name, products to be sold, and relevant contact information), all of which Faire requires for legal and quality purposes. As a Distributor, you acknowledge and agree that a third party brand may in its discretion choose to list its products directly on the Services, in which case the relevant products would be removed from your listing as a Distributor.

4. Onboarding

Shop Page. Each Brand has its own dedicated store page on the Site featuring its products (including descriptions and other pertinent information) (“Shop Page”). Faire will create and design your Shop Page with the information you provide (or you may do so yourself if certain self-onboarding features are available in our discretion, except that such self-onboarding features do not apply to Distributors unless otherwise authorized by Faire in writing in its discretion). You agree that Faire may adjust, edit or remove Content you submit in order to comply with Faire’s internal specifications and requirements. Faire reserves the right to approve the final look and feel of your Shop Page in its sole discretion. To have Faire create your Shop Page, you must provide a line sheet, high resolution photography (product and lifestyle) in accordance with Faire’s photography guidelines, and your minimum order number, all described below. Faire may ask for additional information as needed. As soon as your Shop Page is created, Faire will send you an activation email.
Line Sheet. As part of the onboarding process, you are required and agree to submit to Faire a line sheet of your entire and complete wholesale product catalogue containing the following information: (i) product name; (ii) individual or prepack; (iii) product variations; (iv) case size; (v) wholesale price by region; (vi) retail price; (vii) product descriptions; and (viii) whether products are active or inactive. The line sheet must be in accordance with Faire’s Product Guidelines.
High-Resolution Photographs. You are required and agree to provide high-resolution photographs of your products in accordance with Faire’s photography guidelines. Photographs that could reasonably be considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate are prohibited. You shall submit all photographs as indicated by Faire, and Faire will select the best quality and most appropriate photographs for your Shop Page. Faire reserves the right to reject content that violates Faire’s guidelines or these Brand Terms.
Order Minimums. You may set minimum order quantities for your products on a region-by-region basis. If you wish to have minimum order quantities, you agree to provide Faire with your first order and reorder minimums (together, an “Order Minimum”), which will be displayed on your Shop Page.
Shipping Lead Time. You must set your typical shipping lead time, which should be an accurate estimation of your actual lead times and which you should use all reasonable efforts to meet. Faire reserves the right to adjust the shipping lead time, based on actual historical lead times. The lead time you set will be displayed on your Shop Page for the purpose of informing Retailers, who may rely on it when making a purchase. You must also enter an expected shipping date once orders are placed in order to approve/accept the order. You may edit your lead time in your Brand Account settings.

5. Content License, Representations and Warranties

License. In connection with your use of the Services, you hereby grant to Faire a worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use, view, copy, adapt, modify, distribute, publicly display and publicly perform (through any means necessary) your Content on, through or by means of the Services and any of Faire’s advertising, marketing, publicity and other initiatives and events. Faire does not claim any ownership rights in any of your Content and nothing in these Brand Terms will be deemed to restrict any rights that you may have to use and exploit your Content. You hereby agree that Faire may at its option, grant a limited, revocable sublicense to Retailers to use your Content on their website for the sole purpose of promoting products purchased from you through the Services.
Representations and Warranties. You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of the Content that you make available through the Services or you have all rights, licenses, consents and releases necessary to grant to Faire the rights in such Content as contemplated under these Terms (including, without limitation, all rights, licenses, consents and releases from applicable third party brands if you are a Distributor); and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or the use by Faire or a Retailer of the Content (or any portion thereof) on, through or by means of the Services or social media platforms will 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 inaccurate, misleading, libellous, or otherwise unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, or result in the violation of any applicable law or regulation. You agree that you will not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any posts. You are solely responsible for any Content you provide and its accuracy. Faire takes no responsibility and assumes no liability, and you hereby release Faire from any such liability related to any Content posted or otherwise made available by you, and you agree to indemnify Faire per the terms of the Indemnification section herein.

6. Product Listing and Compliance

Product Listing. Faire requires each Brand to list their entire wholesale catalogue, unless otherwise agreed in writing by Faire, and provide a description for each product. Faire reserves the right to accept or reject any products and has final discretion as to the content of the final Shop Page. Brand's available products will at all times comply with Faire’s Product Guidelines regarding prohibited products.
Maximum List Price. Faire has a maximum price for products listed on the Services. Please visit for Faire’s current policy.
Product and Content Compliance. All products made available on Faire, and related Content, must meet Faire’s Product Guidelines, found here. You acknowledge and agree to: (i) abide by Faire’s Product Guidelines and to refrain from making available any prohibited products identified in Faire’s Product Guidelines; (ii) comply with all applicable laws, rules and regulations, including safety, labelling, testing, warning, import/export and other consumer protection law requirements; (iii) not infringe upon or misappropriate the intellectual property, publicity or other rights of others; (iv) not provide any false, inaccurate or misleading information about your products; and (v) ensure that you have all necessary rights, licenses, permissions and consents to offer for sale and sell the products through the Services, including (a) that they are allowed to be sold from your jurisdiction and into the Retailer’s jurisdiction and (b) if you are a Distributor, that you are properly authorized to do so by the applicable third party brand(s). You acknowledge and agree that Faire is not responsible for determining whether you meet the above requirements, you hereby release Faire from any liability with respect thereto and agree to indemnify Faire as set forth in the Indemnification section set forth below. Failure to comply with Faire’s Products Guidelines may result in the temporary suspension or permanent termination of your Brand Account, in our sole discretion.

7. Product Pricing

Pricing Consistency. You acknowledge and agree that your prices on your Shop Page will not be higher than the wholesale price you offer on all other wholesale channels where your products are sold in the applicable region. Product prices on your Shop Page shall be displayed exclusive of VAT, GST or similar taxes (such product prices exclusive of indirect taxes referred to as “product prices”).
Price Audits. You acknowledge and agree that Faire may perform routine price and content audits of the products listed on your Shop Page. That includes reviewing for wholesale and retail price consistency between your sites and reviewing discrepancies that are communicated to us from Retailers. In the event a discrepancy is found, Faire may reach out to you and require certain action be taken to resolve the issue. If you fail to properly and/or timely respond to the discrepancy, Faire reserves the right to temporarily suspend or permanently terminate your Brand Account.

8. Title, Returns, Promotions

First Orders with a Brand. Faire offers free returns on the first order placed with any Brand. From the date the order is placed, a Retailer has a limited period of time to return the product for a full refund. Any additional orders (reorders) from a Brand are not eligible for return unless otherwise determined by Faire in its sole discretion. However, Faire, not the Brand, takes on this return risk, as returned items will not be deducted from your payout for the order.
Returned Products. Faire takes title to all products returned by a Retailer, subject to its return policies (not all products are eligible for return). Faire may, at its option, promote and distribute any returned products through its various redistribution channels. Retailers may purchase these returned products without meeting the Brand’s Minimum. You acknowledge and agree that Faire may promote and redistribute such products bearing your brand name through these and/or other avenues. If you do not want your returned products to be re-sold or redistributed by Faire, you may opt-in to our Buy-Back Program, where available, which will allow you to buy back your returned inventory subject to certain additional terms and conditions made available to you prior to opting in (Faire will also consider individual buy-backs in its reasonable discretion).
Non-excludable protections. Under certain laws such as the Australian Consumer Law an end customer and / or a Retailer may have certain non-excludable rights and remedies against you such as if you breach a statutory guarantee or other requirement because your product fails to be of acceptable quality. Faire does not take on your risk of liability under these non-excludable rights and remedies which apply in addition to any treatment on returns Faire offers as set out above in sections 8a and b. You are solely responsible for meeting your liability under these non-excludable rights and remedies.

9. Faire agency, Commissions/Fees, Payment Terms and Facilitated Payment Terms

Acceptance of Terms. By accepting these Brand Terms, you acknowledge and agree to the commissions, fees, calculations and payout timings set forth below. You agree and authorize Faire and/or any payment processor engaged by Faire to deduct all commissions and fees owing to Faire from any amount payable to you.
Acceptance of Orders on behalf of Brands: You agree that Faire is authorised on your behalf to accept orders from Retailers for the purchase of the products (each a “Product”) which you make available for sale through the Services and that such acceptance will result in the conclusion of a contract (each an “Order”) for the sale of the relevant Product from you to the applicable Retailer in accordance with these Brand Terms. By virtue of the above appointment of Faire as your agent to conclude Orders, you acknowledge that, where payment of any amount payable to you by a Retailer in respect of an Order is made to Faire, this shall discharge the relevant Retailer’s obligation to you to the extent of the amount paid.
Payment Timings and Trade Credit: The following provisions shall determine the payment terms which shall apply to the discharge by the relevant Retailer of any amount payable by it in respect of an Order (the “Purchase Price”):
1. Faire will act on your behalf in determining which of two payment timings shall be granted to the Retailer in respect of an Order, these being:
  1. Payment on Shipment: the Retailer is obliged to make payment of the Purchase Price on the day on which the shipment of the applicable Product is scanned by your shipping provider and the Product is in transit (the “Shipment Date”); or
  2. 60-day terms: the Retailer is granted a period of interest-free trade credit by you as a consequence of which the Retailer is obliged to make payment of the Purchase Price on the day falling 60 days after the date on which the Order is concluded.
2. Faire will determine which of the above payment timings (each a “Payment Timing”) is granted to the Retailer in respect of an Order, acting on your behalf using its discretion.
Payment Receipt Timings: You can choose to receive payment of the Purchase Price in respect of any Order either:
1. 30 days from the Shipment Date related to that Order; or
2. on the day after the Shipment Date for relevant Order (“Next Day Receipt”).
Payment Receipt and Next Day Receipt Fee: You can determine which of the above payment receipt terms (each a “Receipt Timing”) is to be applied in respect of an Order. In the event that you select Next Day payment as your Receipt Timing for any Order, you shall pay a processing fee of 3% of the Purchase Price (inclusive of shipping cost) to Faire plus any applicable taxes, such amount to be deducted from the payment of the Purchase Price to you and be paid to Faire.
Non-Business Days: If, under any of the above provisions, a payment falls due to be made to you on a day which is not a business day, the payment date shall be extended to the next business day.
Payment Suspension: Faire reserves the right to suspend payouts to you due to any pending disputes, excessive chargebacks or refunds and/or other improper or illegal activity up to the amount of your anticipated liability.
Payment into your chosen bank account: Where any amount payable to you is paid to your chosen bank account, it is anticipated that funds will appear within 1 to 2 business days of being processed. Faire is not responsible for any actions taken by your bank that may result in some or all of the funds not being made available to you.
Facilitated Payment Terms: Depending on the jurisdiction in which you are located, you may be notified during the Account Registration process referred to in section 3 that the following additional terms and conditions (the “Facilitated Payment Terms”) shall apply to enable you to receive payments of the Purchase Price from Retailers as envisaged above. For these purposes:
1. Faire has entered into arrangements with the payment processor Adyen N.V. and Adyen Australia Pty Ltd (collectively, the “Payment Processor”) to enable Adyen, acting on your behalf, to facilitate payments of the Purchase Price to you in respect of your Orders.
2. The Payment Processor will facilitate payments for your Orders by acting on your behalf in relation to the acquiring and collection of payments of the Purchase Price from Retailers and the making of payments of the Purchase Price to you, each in accordance with the Payment Timing made available to the Retailer and the Receipt Timing selected by you respectively. For this purpose, you are required to enter into the “Adyen for Platforms Terms and Conditions” (the “Adyen Terms”) and acknowledge that you have read Ayden’s Combined Financial Services Guide and Product Disclosure Statements (the “Combined Financial Services Guide”), and by accepting these Brand Terms and Faire’s General Terms, you agree to be bound by the Adyen Terms and have read the foregoing Combined Financial Services Guide. The Adyen Terms can be found here.
3. You acknowledge that Faire is designated as your authorised representative for the purposes of giving instructions to the Payment Processor on your behalf in relation to the collection of the Purchase Price of each Order from the Retailer and the payment of the Purchase Price of any Order to you (including in relation to advising the Payment Processor of the amount and timing of to apply to each such payment) and otherwise in relation to the operation of your relationship with the Payment Processor in respect your use of Payment Processor’s services in that respect (including in relation to the access to, and use of, your data processed by the Payment Processor). You agree that Faire shall be entitled to instruct the Payment Processor to pay to Faire the amount of any fees or commissions payable by you to Faire by way of deduction from any amount at any time being held by the Payment Processor for you.
4. Where, in respect of any Order, by virtue of the Payment Timing granted to the Retailer and the Receipt Timing that you have selected, payment of the Purchase Price will be made by the Payment Processor to you before the Purchase Price is collected from the Retailer:
  1. the Payment Processor will apply the amount of the Purchase Price collected from the Retailer towards reimbursement of the amount of the Purchase Price paid by it to you in advance of collection from the Retailer, minus the agreed fees and other deductions; and
  2. to the extent that such arrangements involve the provision of any kind of financial or payment service to you, such service will be provided by the Payment Processor and not by Faire.
Percentage. Unless otherwise agreed by Faire in writing, Faire charges Brands a commission (the “Commission”) of 25% on first orders, which includes a first order surcharge fee of 10%. Faire charges Brands a Commission of 15% on any subsequent orders. If an existing Retailer account places an order through the Services, then Faire agrees to waive the Commission (including the first order surcharge) for such Retailers, provided the Brand satisfies Faire’s then-current policies. Certain categories of products and a Brand’s location may result in a Commission structure different from the foregoing, which will be communicated to you during onboarding or creation of your Brand Account.
Calculation. Commissions (including the first order surcharge) are calculated based on the amount of the order total in its agreed currency, excluding shipping costs. Any items that a Retailer marks as damaged or missing are deducted from the payout of the order (Faire does not receive a commission on these items). If you send a replacement for a damaged or missing item, Faire will pay you for the invoice value of the replacement item.
In addition, as set forth below, Faire will reimburse you for your shipping costs.
Taxes. To the extent of transactions entered into with retailers on the Faire platform, Faire will calculate the GST payable and remit this to you as part of the order payout for onward remittance to the appropriate tax authorities. Unless specifically provided for by law, you acknowledge and agree that you are solely responsible for the remittance of any taxes, including GST, VAT and sales tax, 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 commissions and related fees are exclusive of GST unless otherwise indicated. GST will be levied at the standard rate on fees issued to Brands to the extent required by law. If no GST 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. As a marketplace facilitator, Faire is responsible for the sales tax compliance associated with sales to Retailers in the U.S., including collecting and remitting sales tax on sales to Retailers that are not exempt under applicable law, and maintaining data sufficient to support the treatment of transactions as sales for resale where applicable.

10. Shipping - Costs, Lead Times, Shipping Providers, Damaged Products

Shipping Costs. Brands have the option to use “Ship with Faire” (i.e., Faire-provided shipping labels) for Faire negotiated discounted shipping rates. Faire reimburses Brands only for shipping costs incurred by Brand if Brand chooses to ship on its own account and not with Faire. When you ship on your own account, shipping costs may not be inflated in any way. Faire may, at its discretion, include shipping costs on a Retailer’s invoice, and in such instances, Faire will recover the amount included by adjustment to the payout to the Brand. For the avoidance of doubt, Faire is not responsible for handling transport or customs clearance of any Brand products, whether you use Ship with Faire or you ship on your own account. Faire and its customers have a shared interest in finding the fastest and most cost-effective shipping solutions. In some instances where Faire is funding shipping costs, Faire may require you to use Ship with Faire to ship your goods to Retailers or may limit your reimbursement amount to a rate Faire has negotiated with carriers if you choose to ship on your own account, at Faire’s discretion.
Tracking Number. If you ship on your own account, you will be asked by Faire for, and you agree to provide within your account, tracking information for each order. If an order is shipped in multiple packages, you agree to provide tracking numbers for each package. When you input the tracking number(s), Faire will automatically send an email to the Retailer letting them know the order is on its way. Although not required, Faire recommends that you require a signature for your shipments to ensure delivery and provide evidence that an order was in fact received.
Damaged or Missing Goods. Retailers are responsible for reaching out to you through the Services to try to resolve issues relating to damaged or missing items in an order. Faire will notify you if a Retailer reports to Faire directly that a product is damaged or if an order is missing items. Faire will pass along any photographs of any damaged item or of the order as a whole that it receives. You acknowledge and agree that you alone are responsible for resolving the issue. If you have shipped on your own account, you alone are responsible for making a claim with your shipping provider and meeting your liability under any non-excludable rights or remedies as contemplated in section 8c, and you hereby release Faire from any liability with regard to any damaged or missing items, whether you used Ship with Faire or you shipped on your own account. Faire reserves the right to deduct payouts or charge the bank account associated with your account related to items that are reported as damaged or missing. You have the right to dispute the charge with Faire but we reserve the right to reject any dispute/claim created by you about the charge.
Shipping Insurance. Faire does not require you to purchase shipping insurance. However, whether you ship on your own or use Ship with Faire, Faire strongly recommends that you do so in order to facilitate any shipping dispute you have with a Retailer. Shipping protection may be available.

11. Inventory, Orders, Recalled Products

Inventory. You agree to keep sufficient inventory on hand for products advertised as being available, and to keep inventory numbers current. You agree to promptly remove any products that are discontinued or are out of stock through your Brand Account portal. It is your responsibility to keep your product catalogue current and up-to-date based on availability (whether items are back-ordered or discontinued).
Orders. Faire will send you an email each time a Retailer places an order for any of your Products and an Order is created. Your Brand Account will also be updated with new Order details. You will be able to review the Order details, edit inventory availability and confirm or cancel the Order. You should confirm an Order within 2 business days of receiving the email notifying you of the Order’s conclusion and, if you wish to cancel an Order, you must do so within this timeframe. Faire will notify the applicable Retailer on your behalf of any cancellation of an Order which you wish to effect and such Order will then cease to be binding on you or on the relevant Retailer from receipt of such notification by the Retailer from Faire. If you wish to cancel an Order, you will be asked to provide a reason for not being able to fulfil the Order. Consistent order cancellation may result in the temporary suspension or permanent termination of your Brand Account, in our sole discretion.
Right to Refuse. You have the right to cancel any Order by a Retailer for any reason. Consistent cancellation of Orders may, however, impact your visibility and search placement within the Services to Retailers.
Recalled Products. You agree to immediately inform Faire if any of your products have been recalled, giving at least the following information: (i) product name; (ii) SKU number or other identifying number; (iii) number of units sold to Retailers; (iv) purpose of recall; and (v) any other information necessary so that the products may be properly and quickly recalled.
No Circumvention. Once any Order has been concluded with a Retailer through the Shop Page and your use of the Services, you agree that you will fulfil such Order unless it is cancelled in accordance with section 11 b. above. You further agree to not influence Retailers to transact offline outside of the Services in any manner, or otherwise circumvent Faire’s process in order to transact orders with Retailers through the Services offline or outside of the Services in any manner.
Pause Mode. If you are going on vacation, or will be unable to fulfil new Orders for a period of time, you may pause your Shop Page for up to 12 weeks at a time using “Pause Mode” found in your Brand Account tab. You will still be able to access your Brand Account and you should still fulfil any Orders you have already accepted even while on “Pause Mode”.

12. Commitment to Quality and Service

Minimum Standards. Brand and Retailer satisfaction is of utmost importance to the long-term health and success of the Faire community. Accordingly, Brands are subject to the following minimum standards in connection with the Services:
1. To accurately list and describe available products on your Shop Page;
2. To ensure that any cancellation of an Order is effected in a timely manner;
3. To timely fulfil Orders and ship the related Products to Retailers using a reputable shipping provider;
4. To promptly and effectively respond to Retailer inquiries; and
5. To promptly resolve missing or damaged orders with a Retailer.
Metrics. You acknowledge and agree that in order to ensure that you are meeting the foregoing Brand’s minimum standard requirements, Faire will track and measure your performance using a variety of metrics, including collecting reviews and ratings from your Retailers. Reviewed individually and as a whole, these metrics help Faire determine whether you are meeting Faire’s expectations on delivering a great experience for the Retailers. Such metrics also include:
1. Accuracy of product listings;
2. Catalogue completeness;
3. How often your shipments are later than the expected shipping date;
4. How often you provide a valid tracking number;
5. How long it takes you to confirm or cancel new Orders;
6. How often your orders are reported as damaged or missing products:
7. How often your products are on backorder, returned or cancelled;
8. How promptly and effectively you respond to Retailer inquiries;
9. How promptly and effectively you resolve missing or damaged orders with a Retailer.
Volume Considerations. Faire takes volume consideration into account when calculating metrics. For example, if a Brand has only 10 Orders, and 1 was damaged, then the damaged Order rate is 10%. While that metric is technically over Faire’s target, it does not necessarily reflect an actual problem with performance given the low volume of Orders.
Evaluation. Faire typically evaluates a Brand’s performance using the above metrics on an ongoing monthly basis, and more frequently during high volume periods such as the holiday selling season. The length of time between reviews depends on the volume of transactions of each flagged Brand Account and/or the extent of available data. Faire reserves the right to adjust its evaluation criteria as needed.
Accountability. If Faire determines that you are not meeting the minimum standards of quality and service, Faire may reach out to you in an attempt to resolve the issue and/or temporarily suspend or permanently terminate your Brand Account. Faire also reserves the right to put limits on your Brand Account, lower your visibility and/or search placement across the Services, limit your ability to sell with new Retailers until you resolve outstanding issues, and/or deny signing up any affiliated, related or duplicate accounts.
Suspended Accounts. If your Brand Account is suspended for performance issues, you may appeal for re-activation by providing Faire with a plan of action for correcting the problems that contributed to the account being flagged and suspended. If Faire in its sole discretion approves the plan of action, you may resume selling through the Services. If you believe that the flag on your Brand Account is erroneous, you may contact Faire and explain why.

13. Promotion

Unless you opt out as set forth below, Faire may feature certain Brands, products and Content at the top of their respective category, on Faire’s landing pages, in advertisements, email, social media accounts or in any other channels or media in its discretion. Faire may choose to bid on Brand brand names and keywords relating to the Brand’s products in advertising products and may create SEO optimized pages or campaigns for Brand brands. Faire shall not be liable for any pricing or availability of a particular product featured in a particular ad or marketing. If you do not want to participate in the Marketing and Advertising Program, please contact us. Faire may also offer Brands email marketing tools to use for their business. Additional terms and conditions may apply, including that all account leads must be sourced by you directly (purchasing lead lists from third parties is not permitted), the tools are not to be used for spam, and Faire reserves the right to throttle or limit the number of emails sent to Retailers via such tools.

14. 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 responding to a Retailer’s question about your products or 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 answer a Retailer’s question or resolve issues, you may contact Faire directly.

15. Product Liability Insurance

All Brands are required to maintain, at their own cost and expense, general commercial liability insurance (including comprehensive product liability) with respect to its products listed on Faire in such amount as is reasonable and customary for companies of comparable size and activities. Faire reserves the right to request proof of such insurance coverage and other relevant information at any time.

16. Indemnity

You 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 or fees (including reasonable legal and accounting fees) made by any third party to the extent due to or arising out of your violation of these Brand 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.

17. 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, 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 AUD 200 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. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FAIRE AND YOU.

Despite any other term, the exclusions and limitations set out in these Brand Terms only apply to the extent that Faire's liability can be excluded, limited, restricted or otherwise modified under law. You may have certain non-excludable rights and remedies under law. To the extent those non-excludable rights and remedies apply and it would be lawful to do so, Faire limits its liability to at Faire's option: (i) resupply of the relevant Services; or (ii) refund of the amount paid for the relevant Services.

18. Prohibited Uses

Faire will have the right to investigate and prosecute violations of these Brand Terms to the fullest extent permitted by law. Faire may involve and cooperate with law enforcement authorities in prosecuting users who violate or are suspected of violating these Brand Terms. You acknowledge and agree that Faire has no obligation to monitor your access to or use of the Services or Content, or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Brand Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Faire reserves the right, at any time and without prior notice, to remove or disable access to any Content that Faire, in its sole discretion, considers to be in violation of these Brand Terms or otherwise harmful to the Services. Faire reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if Faire suspects illegal activity may be taking place.

19. Termination

If you breach any of these Brand Terms, Faire will have the right to temporarily suspend or permanently terminate your Brand Account, and/or terminate these Brand 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 Brand Terms for your breach, you will remain liable for all amounts due hereunder. You may terminate your relationship with Faire at any time by contacting us or as otherwise indicated in your Brand Account portal. Faire will take down your Shop Page as soon as practicable and will close your Brand Account once there has been an accounting of all monies due and owing.

20. Controlling Law and Jurisdiction

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

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Brand TOS - ANZ

In this guide

FAIRE WHOLESALE, INC. BRAND TERMS OF SERVICE

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

Last Updated: April 15, 2025

1. Overview

2. Key Definitions

“Brand” means a seller who offers to sell and/or sells its products to Retailers through the Services. The term “Brand” also includes “Distributor” as defined below.
“Distributor” means a seller who offers to sell and/or sells a third party brand’s products to Retailers on the Services under express, valid and continuous authorization from such third party brand.
“Retailer” means a buyer who purchases products through the Services for the purpose of resale, as well as businesses that purchase goods through the Services for such business’ own use rather than for resale.

3. Account Registration – Brand Account

Brand Account. To sell products through the Services as a Brand, you must submit an application to become a brand and be approved by Faire for an account (“Brand Account”), as further set forth in the General Terms. By accepting these Brand Terms and providing the requested information (including any necessary documentation evidencing product compliance and safety and if you are a Distributor, proof that you have the necessary rights from applicable third party brands whose products you seek to distribute on the Services) during the Brand application process (as detailed in the General Terms), you authorize Faire and its affiliates, acting on your behalf, to conclude contracts with Retailers for the sale of Brand products, and on behalf of any third party brands whose products you seek to distribute on the Service. Faire will use good faith efforts to review your application to become a Brand as soon as possible. You acknowledge that Faire is only able to accept a limited number of Brands at any given time, and that Faire is not obligated to accept you as a Brand. You hereby release Faire from any liability regarding the acceptance process.
Wholesale Relationships. Faire understands that Brands have sales representatives in certain territories. If you have such sales representatives, Faire may, depending on circumstances and regulations, work with you to limit certain geographical areas where your sales representatives are located so that you do not receive orders from those geographical areas. To discuss this, you will need to contact us.
Distributors. If you intend to distribute a third party brand’s products on the Services, you must obtain express written consent from the applicable third party brand. Such consent must include all relevant third party brand details (including, without limitation, brand name, products to be sold, and relevant contact information), all of which Faire requires for legal and quality purposes. As a Distributor, you acknowledge and agree that a third party brand may in its discretion choose to list its products directly on the Services, in which case the relevant products would be removed from your listing as a Distributor.

4. Onboarding

Shop Page. Each Brand has its own dedicated store page on the Site featuring its products (including descriptions and other pertinent information) (“Shop Page”). Faire will create and design your Shop Page with the information you provide (or you may do so yourself if certain self-onboarding features are available in our discretion, except that such self-onboarding features do not apply to Distributors unless otherwise authorized by Faire in writing in its discretion). You agree that Faire may adjust, edit or remove Content you submit in order to comply with Faire’s internal specifications and requirements. Faire reserves the right to approve the final look and feel of your Shop Page in its sole discretion. To have Faire create your Shop Page, you must provide a line sheet, high resolution photography (product and lifestyle) in accordance with Faire’s photography guidelines, and your minimum order number, all described below. Faire may ask for additional information as needed. As soon as your Shop Page is created, Faire will send you an activation email.
Line Sheet. As part of the onboarding process, you are required and agree to submit to Faire a line sheet of your entire and complete wholesale product catalogue containing the following information: (i) product name; (ii) individual or prepack; (iii) product variations; (iv) case size; (v) wholesale price by region; (vi) retail price; (vii) product descriptions; and (viii) whether products are active or inactive. The line sheet must be in accordance with Faire’s Product Guidelines.
High-Resolution Photographs. You are required and agree to provide high-resolution photographs of your products in accordance with Faire’s photography guidelines. Photographs that could reasonably be considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate are prohibited. You shall submit all photographs as indicated by Faire, and Faire will select the best quality and most appropriate photographs for your Shop Page. Faire reserves the right to reject content that violates Faire’s guidelines or these Brand Terms.
Order Minimums. You may set minimum order quantities for your products on a region-by-region basis. If you wish to have minimum order quantities, you agree to provide Faire with your first order and reorder minimums (together, an “Order Minimum”), which will be displayed on your Shop Page.
Shipping Lead Time. You must set your typical shipping lead time, which should be an accurate estimation of your actual lead times and which you should use all reasonable efforts to meet. Faire reserves the right to adjust the shipping lead time, based on actual historical lead times. The lead time you set will be displayed on your Shop Page for the purpose of informing Retailers, who may rely on it when making a purchase. You must also enter an expected shipping date once orders are placed in order to approve/accept the order. You may edit your lead time in your Brand Account settings.

5. Content License, Representations and Warranties

License. In connection with your use of the Services, you hereby grant to Faire a worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use, view, copy, adapt, modify, distribute, publicly display and publicly perform (through any means necessary) your Content on, through or by means of the Services and any of Faire’s advertising, marketing, publicity and other initiatives and events. Faire does not claim any ownership rights in any of your Content and nothing in these Brand Terms will be deemed to restrict any rights that you may have to use and exploit your Content. You hereby agree that Faire may at its option, grant a limited, revocable sublicense to Retailers to use your Content on their website for the sole purpose of promoting products purchased from you through the Services.
Representations and Warranties. You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of the Content that you make available through the Services or you have all rights, licenses, consents and releases necessary to grant to Faire the rights in such Content as contemplated under these Terms (including, without limitation, all rights, licenses, consents and releases from applicable third party brands if you are a Distributor); and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or the use by Faire or a Retailer of the Content (or any portion thereof) on, through or by means of the Services or social media platforms will 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 inaccurate, misleading, libellous, or otherwise unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, or result in the violation of any applicable law or regulation. You agree that you will not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any posts. You are solely responsible for any Content you provide and its accuracy. Faire takes no responsibility and assumes no liability, and you hereby release Faire from any such liability related to any Content posted or otherwise made available by you, and you agree to indemnify Faire per the terms of the Indemnification section herein.

6. Product Listing and Compliance

Product Listing. Faire requires each Brand to list their entire wholesale catalogue, unless otherwise agreed in writing by Faire, and provide a description for each product. Faire reserves the right to accept or reject any products and has final discretion as to the content of the final Shop Page. Brand's available products will at all times comply with Faire’s Product Guidelines regarding prohibited products.
Maximum List Price. Faire has a maximum price for products listed on the Services. Please visit for Faire’s current policy.
Product and Content Compliance. All products made available on Faire, and related Content, must meet Faire’s Product Guidelines, found here. You acknowledge and agree to: (i) abide by Faire’s Product Guidelines and to refrain from making available any prohibited products identified in Faire’s Product Guidelines; (ii) comply with all applicable laws, rules and regulations, including safety, labelling, testing, warning, import/export and other consumer protection law requirements; (iii) not infringe upon or misappropriate the intellectual property, publicity or other rights of others; (iv) not provide any false, inaccurate or misleading information about your products; and (v) ensure that you have all necessary rights, licenses, permissions and consents to offer for sale and sell the products through the Services, including (a) that they are allowed to be sold from your jurisdiction and into the Retailer’s jurisdiction and (b) if you are a Distributor, that you are properly authorized to do so by the applicable third party brand(s). You acknowledge and agree that Faire is not responsible for determining whether you meet the above requirements, you hereby release Faire from any liability with respect thereto and agree to indemnify Faire as set forth in the Indemnification section set forth below. Failure to comply with Faire’s Products Guidelines may result in the temporary suspension or permanent termination of your Brand Account, in our sole discretion.

7. Product Pricing

Pricing Consistency. You acknowledge and agree that your prices on your Shop Page will not be higher than the wholesale price you offer on all other wholesale channels where your products are sold in the applicable region. Product prices on your Shop Page shall be displayed exclusive of VAT, GST or similar taxes (such product prices exclusive of indirect taxes referred to as “product prices”).
Price Audits. You acknowledge and agree that Faire may perform routine price and content audits of the products listed on your Shop Page. That includes reviewing for wholesale and retail price consistency between your sites and reviewing discrepancies that are communicated to us from Retailers. In the event a discrepancy is found, Faire may reach out to you and require certain action be taken to resolve the issue. If you fail to properly and/or timely respond to the discrepancy, Faire reserves the right to temporarily suspend or permanently terminate your Brand Account.

8. Title, Returns, Promotions

First Orders with a Brand. Faire offers free returns on the first order placed with any Brand. From the date the order is placed, a Retailer has a limited period of time to return the product for a full refund. Any additional orders (reorders) from a Brand are not eligible for return unless otherwise determined by Faire in its sole discretion. However, Faire, not the Brand, takes on this return risk, as returned items will not be deducted from your payout for the order.
Returned Products. Faire takes title to all products returned by a Retailer, subject to its return policies (not all products are eligible for return). Faire may, at its option, promote and distribute any returned products through its various redistribution channels. Retailers may purchase these returned products without meeting the Brand’s Minimum. You acknowledge and agree that Faire may promote and redistribute such products bearing your brand name through these and/or other avenues. If you do not want your returned products to be re-sold or redistributed by Faire, you may opt-in to our Buy-Back Program, where available, which will allow you to buy back your returned inventory subject to certain additional terms and conditions made available to you prior to opting in (Faire will also consider individual buy-backs in its reasonable discretion).
Non-excludable protections. Under certain laws such as the Australian Consumer Law an end customer and / or a Retailer may have certain non-excludable rights and remedies against you such as if you breach a statutory guarantee or other requirement because your product fails to be of acceptable quality. Faire does not take on your risk of liability under these non-excludable rights and remedies which apply in addition to any treatment on returns Faire offers as set out above in sections 8a and b. You are solely responsible for meeting your liability under these non-excludable rights and remedies.

9. Faire agency, Commissions/Fees, Payment Terms and Facilitated Payment Terms

Acceptance of Terms. By accepting these Brand Terms, you acknowledge and agree to the commissions, fees, calculations and payout timings set forth below. You agree and authorize Faire and/or any payment processor engaged by Faire to deduct all commissions and fees owing to Faire from any amount payable to you.
Acceptance of Orders on behalf of Brands: You agree that Faire is authorised on your behalf to accept orders from Retailers for the purchase of the products (each a “Product”) which you make available for sale through the Services and that such acceptance will result in the conclusion of a contract (each an “Order”) for the sale of the relevant Product from you to the applicable Retailer in accordance with these Brand Terms. By virtue of the above appointment of Faire as your agent to conclude Orders, you acknowledge that, where payment of any amount payable to you by a Retailer in respect of an Order is made to Faire, this shall discharge the relevant Retailer’s obligation to you to the extent of the amount paid.
Payment Timings and Trade Credit: The following provisions shall determine the payment terms which shall apply to the discharge by the relevant Retailer of any amount payable by it in respect of an Order (the “Purchase Price”):
1. Faire will act on your behalf in determining which of two payment timings shall be granted to the Retailer in respect of an Order, these being:
  1. Payment on Shipment: the Retailer is obliged to make payment of the Purchase Price on the day on which the shipment of the applicable Product is scanned by your shipping provider and the Product is in transit (the “Shipment Date”); or
  2. 60-day terms: the Retailer is granted a period of interest-free trade credit by you as a consequence of which the Retailer is obliged to make payment of the Purchase Price on the day falling 60 days after the date on which the Order is concluded.
2. Faire will determine which of the above payment timings (each a “Payment Timing”) is granted to the Retailer in respect of an Order, acting on your behalf using its discretion.
Payment Receipt Timings: You can choose to receive payment of the Purchase Price in respect of any Order either:
1. 30 days from the Shipment Date related to that Order; or
2. on the day after the Shipment Date for relevant Order (“Next Day Receipt”).
Payment Receipt and Next Day Receipt Fee: You can determine which of the above payment receipt terms (each a “Receipt Timing”) is to be applied in respect of an Order. In the event that you select Next Day payment as your Receipt Timing for any Order, you shall pay a processing fee of 3% of the Purchase Price (inclusive of shipping cost) to Faire plus any applicable taxes, such amount to be deducted from the payment of the Purchase Price to you and be paid to Faire.
Non-Business Days: If, under any of the above provisions, a payment falls due to be made to you on a day which is not a business day, the payment date shall be extended to the next business day.
Payment Suspension: Faire reserves the right to suspend payouts to you due to any pending disputes, excessive chargebacks or refunds and/or other improper or illegal activity up to the amount of your anticipated liability.
Payment into your chosen bank account: Where any amount payable to you is paid to your chosen bank account, it is anticipated that funds will appear within 1 to 2 business days of being processed. Faire is not responsible for any actions taken by your bank that may result in some or all of the funds not being made available to you.
Facilitated Payment Terms: Depending on the jurisdiction in which you are located, you may be notified during the Account Registration process referred to in section 3 that the following additional terms and conditions (the “Facilitated Payment Terms”) shall apply to enable you to receive payments of the Purchase Price from Retailers as envisaged above. For these purposes:
1. Faire has entered into arrangements with the payment processor Adyen N.V. and Adyen Australia Pty Ltd (collectively, the “Payment Processor”) to enable Adyen, acting on your behalf, to facilitate payments of the Purchase Price to you in respect of your Orders.
2. The Payment Processor will facilitate payments for your Orders by acting on your behalf in relation to the acquiring and collection of payments of the Purchase Price from Retailers and the making of payments of the Purchase Price to you, each in accordance with the Payment Timing made available to the Retailer and the Receipt Timing selected by you respectively. For this purpose, you are required to enter into the “Adyen for Platforms Terms and Conditions” (the “Adyen Terms”) and acknowledge that you have read Ayden’s Combined Financial Services Guide and Product Disclosure Statements (the “Combined Financial Services Guide”), and by accepting these Brand Terms and Faire’s General Terms, you agree to be bound by the Adyen Terms and have read the foregoing Combined Financial Services Guide. The Adyen Terms can be found here.
3. You acknowledge that Faire is designated as your authorised representative for the purposes of giving instructions to the Payment Processor on your behalf in relation to the collection of the Purchase Price of each Order from the Retailer and the payment of the Purchase Price of any Order to you (including in relation to advising the Payment Processor of the amount and timing of to apply to each such payment) and otherwise in relation to the operation of your relationship with the Payment Processor in respect your use of Payment Processor’s services in that respect (including in relation to the access to, and use of, your data processed by the Payment Processor). You agree that Faire shall be entitled to instruct the Payment Processor to pay to Faire the amount of any fees or commissions payable by you to Faire by way of deduction from any amount at any time being held by the Payment Processor for you.
4. Where, in respect of any Order, by virtue of the Payment Timing granted to the Retailer and the Receipt Timing that you have selected, payment of the Purchase Price will be made by the Payment Processor to you before the Purchase Price is collected from the Retailer:
  1. the Payment Processor will apply the amount of the Purchase Price collected from the Retailer towards reimbursement of the amount of the Purchase Price paid by it to you in advance of collection from the Retailer, minus the agreed fees and other deductions; and
  2. to the extent that such arrangements involve the provision of any kind of financial or payment service to you, such service will be provided by the Payment Processor and not by Faire.
Percentage. Unless otherwise agreed by Faire in writing, Faire charges Brands a commission (the “Commission”) of 25% on first orders, which includes a first order surcharge fee of 10%. Faire charges Brands a Commission of 15% on any subsequent orders. If an existing Retailer account places an order through the Services, then Faire agrees to waive the Commission (including the first order surcharge) for such Retailers, provided the Brand satisfies Faire’s then-current policies. Certain categories of products and a Brand’s location may result in a Commission structure different from the foregoing, which will be communicated to you during onboarding or creation of your Brand Account.
Calculation. Commissions (including the first order surcharge) are calculated based on the amount of the order total in its agreed currency, excluding shipping costs. Any items that a Retailer marks as damaged or missing are deducted from the payout of the order (Faire does not receive a commission on these items). If you send a replacement for a damaged or missing item, Faire will pay you for the invoice value of the replacement item.
In addition, as set forth below, Faire will reimburse you for your shipping costs.
Taxes. To the extent of transactions entered into with retailers on the Faire platform, Faire will calculate the GST payable and remit this to you as part of the order payout for onward remittance to the appropriate tax authorities. Unless specifically provided for by law, you acknowledge and agree that you are solely responsible for the remittance of any taxes, including GST, VAT and sales tax, 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 commissions and related fees are exclusive of GST unless otherwise indicated. GST will be levied at the standard rate on fees issued to Brands to the extent required by law. If no GST 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. As a marketplace facilitator, Faire is responsible for the sales tax compliance associated with sales to Retailers in the U.S., including collecting and remitting sales tax on sales to Retailers that are not exempt under applicable law, and maintaining data sufficient to support the treatment of transactions as sales for resale where applicable.

10. Shipping - Costs, Lead Times, Shipping Providers, Damaged Products

Shipping Costs. Brands have the option to use “Ship with Faire” (i.e., Faire-provided shipping labels) for Faire negotiated discounted shipping rates. Faire reimburses Brands only for shipping costs incurred by Brand if Brand chooses to ship on its own account and not with Faire. When you ship on your own account, shipping costs may not be inflated in any way. Faire may, at its discretion, include shipping costs on a Retailer’s invoice, and in such instances, Faire will recover the amount included by adjustment to the payout to the Brand. For the avoidance of doubt, Faire is not responsible for handling transport or customs clearance of any Brand products, whether you use Ship with Faire or you ship on your own account. Faire and its customers have a shared interest in finding the fastest and most cost-effective shipping solutions. In some instances where Faire is funding shipping costs, Faire may require you to use Ship with Faire to ship your goods to Retailers or may limit your reimbursement amount to a rate Faire has negotiated with carriers if you choose to ship on your own account, at Faire’s discretion.
Tracking Number. If you ship on your own account, you will be asked by Faire for, and you agree to provide within your account, tracking information for each order. If an order is shipped in multiple packages, you agree to provide tracking numbers for each package. When you input the tracking number(s), Faire will automatically send an email to the Retailer letting them know the order is on its way. Although not required, Faire recommends that you require a signature for your shipments to ensure delivery and provide evidence that an order was in fact received.
Damaged or Missing Goods. Retailers are responsible for reaching out to you through the Services to try to resolve issues relating to damaged or missing items in an order. Faire will notify you if a Retailer reports to Faire directly that a product is damaged or if an order is missing items. Faire will pass along any photographs of any damaged item or of the order as a whole that it receives. You acknowledge and agree that you alone are responsible for resolving the issue. If you have shipped on your own account, you alone are responsible for making a claim with your shipping provider and meeting your liability under any non-excludable rights or remedies as contemplated in section 8c, and you hereby release Faire from any liability with regard to any damaged or missing items, whether you used Ship with Faire or you shipped on your own account. Faire reserves the right to deduct payouts or charge the bank account associated with your account related to items that are reported as damaged or missing. You have the right to dispute the charge with Faire but we reserve the right to reject any dispute/claim created by you about the charge.
Shipping Insurance. Faire does not require you to purchase shipping insurance. However, whether you ship on your own or use Ship with Faire, Faire strongly recommends that you do so in order to facilitate any shipping dispute you have with a Retailer. Shipping protection may be available.

11. Inventory, Orders, Recalled Products

Inventory. You agree to keep sufficient inventory on hand for products advertised as being available, and to keep inventory numbers current. You agree to promptly remove any products that are discontinued or are out of stock through your Brand Account portal. It is your responsibility to keep your product catalogue current and up-to-date based on availability (whether items are back-ordered or discontinued).
Orders. Faire will send you an email each time a Retailer places an order for any of your Products and an Order is created. Your Brand Account will also be updated with new Order details. You will be able to review the Order details, edit inventory availability and confirm or cancel the Order. You should confirm an Order within 2 business days of receiving the email notifying you of the Order’s conclusion and, if you wish to cancel an Order, you must do so within this timeframe. Faire will notify the applicable Retailer on your behalf of any cancellation of an Order which you wish to effect and such Order will then cease to be binding on you or on the relevant Retailer from receipt of such notification by the Retailer from Faire. If you wish to cancel an Order, you will be asked to provide a reason for not being able to fulfil the Order. Consistent order cancellation may result in the temporary suspension or permanent termination of your Brand Account, in our sole discretion.
Right to Refuse. You have the right to cancel any Order by a Retailer for any reason. Consistent cancellation of Orders may, however, impact your visibility and search placement within the Services to Retailers.
Recalled Products. You agree to immediately inform Faire if any of your products have been recalled, giving at least the following information: (i) product name; (ii) SKU number or other identifying number; (iii) number of units sold to Retailers; (iv) purpose of recall; and (v) any other information necessary so that the products may be properly and quickly recalled.
No Circumvention. Once any Order has been concluded with a Retailer through the Shop Page and your use of the Services, you agree that you will fulfil such Order unless it is cancelled in accordance with section 11 b. above. You further agree to not influence Retailers to transact offline outside of the Services in any manner, or otherwise circumvent Faire’s process in order to transact orders with Retailers through the Services offline or outside of the Services in any manner.
Pause Mode. If you are going on vacation, or will be unable to fulfil new Orders for a period of time, you may pause your Shop Page for up to 12 weeks at a time using “Pause Mode” found in your Brand Account tab. You will still be able to access your Brand Account and you should still fulfil any Orders you have already accepted even while on “Pause Mode”.

12. Commitment to Quality and Service

Minimum Standards. Brand and Retailer satisfaction is of utmost importance to the long-term health and success of the Faire community. Accordingly, Brands are subject to the following minimum standards in connection with the Services:
1. To accurately list and describe available products on your Shop Page;
2. To ensure that any cancellation of an Order is effected in a timely manner;
3. To timely fulfil Orders and ship the related Products to Retailers using a reputable shipping provider;
4. To promptly and effectively respond to Retailer inquiries; and
5. To promptly resolve missing or damaged orders with a Retailer.
Metrics. You acknowledge and agree that in order to ensure that you are meeting the foregoing Brand’s minimum standard requirements, Faire will track and measure your performance using a variety of metrics, including collecting reviews and ratings from your Retailers. Reviewed individually and as a whole, these metrics help Faire determine whether you are meeting Faire’s expectations on delivering a great experience for the Retailers. Such metrics also include:
1. Accuracy of product listings;
2. Catalogue completeness;
3. How often your shipments are later than the expected shipping date;
4. How often you provide a valid tracking number;
5. How long it takes you to confirm or cancel new Orders;
6. How often your orders are reported as damaged or missing products:
7. How often your products are on backorder, returned or cancelled;
8. How promptly and effectively you respond to Retailer inquiries;
9. How promptly and effectively you resolve missing or damaged orders with a Retailer.
Volume Considerations. Faire takes volume consideration into account when calculating metrics. For example, if a Brand has only 10 Orders, and 1 was damaged, then the damaged Order rate is 10%. While that metric is technically over Faire’s target, it does not necessarily reflect an actual problem with performance given the low volume of Orders.
Evaluation. Faire typically evaluates a Brand’s performance using the above metrics on an ongoing monthly basis, and more frequently during high volume periods such as the holiday selling season. The length of time between reviews depends on the volume of transactions of each flagged Brand Account and/or the extent of available data. Faire reserves the right to adjust its evaluation criteria as needed.
Accountability. If Faire determines that you are not meeting the minimum standards of quality and service, Faire may reach out to you in an attempt to resolve the issue and/or temporarily suspend or permanently terminate your Brand Account. Faire also reserves the right to put limits on your Brand Account, lower your visibility and/or search placement across the Services, limit your ability to sell with new Retailers until you resolve outstanding issues, and/or deny signing up any affiliated, related or duplicate accounts.
Suspended Accounts. If your Brand Account is suspended for performance issues, you may appeal for re-activation by providing Faire with a plan of action for correcting the problems that contributed to the account being flagged and suspended. If Faire in its sole discretion approves the plan of action, you may resume selling through the Services. If you believe that the flag on your Brand Account is erroneous, you may contact Faire and explain why.

13. Promotion

14. Faire Messenger

15. Product Liability Insurance

16. Indemnity

17. Liability

18. Prohibited Uses

19. Termination

20. Controlling Law and Jurisdiction

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