We don’t foresee any disagreements between you and General Store, but if we do have a disagreement that we can’t work out, you agree to arbitration. This means you waive your right to have the dispute brought to court before a judge or jury. You also agree to waive your right to participate in class actions, class arbitrations, or representative actions. Please read more about this in Section 10 of these Terms.
These terms are valid starting now and for six (6) months from the official launch date of General Store. The projected launch date is November 1, 2017. General Store makes no promises with regard to this launch date, and reserves the right to launch earlier or later in its sole discretion.
These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and General Store.
- Who Can Sell on General Store:
General Store is a multi-vendor ecommerce platform primarily for Local (as defined below) makers and artists and Local independently-owned stores. (referred to collectively as “Sellers”). General Store may allow Semi-Local (as defined below) Sellers from contiguous towns to sell products on General Store. General Store may make exceptions to these geographical limits in its sole discretion.
Local refers to South Orange, New Jersey (07079) and Maplewood, New Jersey (07040) (“Local”).
Semi-Local refers to the following zip codes: 07039, 07050, 07052, 07018, 07106, 07111, 07083, 07088, 07081, 07041, 07078, 07901. These zip codes are mainly areas and towns contiguous to the Local zone. (“Semi-Local”)
Prospective vendors must apply to become a Seller on General Store. General Store may deny applications based on, but not limited to, the following factors: quality of goods as determined by General Store, redundancy with pre-existing General Store Sellers as determined by General Store, appropriateness of goods as determined by General Store, or if General Store determines a store is not independently-owned as determined by General Store.
General Store has chosen not to define “independently-owned” at this time. We will determine whether a store is independently-owned based on several factors that are subject to change, as we grow and learn more about what type of ownership structures best benefit the community and preserve the character of our towns.
- What Can Be Sold on General Store:
Goods, services, art, crafts, and gift cards (referred to collectively as “Goods”) may be sold on General Store after being approved by General Store. General Store may deny applications to sell Goods based on, but not limited to the following factors: quality of goods as determined by General Store, redundancy with pre-existing General Store Goods as determined by General Store, appropriateness of Goods as determined by General Store administration.
General Store will give preference to locally-made Goods, Goods from small, independent companies, and Goods from companies with philanthropic missions. General Store may make Goods from large corporations available if the Goods are sold by a Local or Semi-Local independently-owned business, are of good quality as determined by General Store, not redundant with pre-existing General Store Goods as determined by General Store, and of interest to Local and Semi-Local customers as determined by General Store.
- Seller Fees:
When you make a sale through General Store, you will be charged transaction of 3.5% and payment processing fees of 2.9%, plus $.30 per transaction. (“Fees”). These Fees will not apply to shipping costs, delivery fees, or sales tax. After the 6-month period of this agreement ends, General Store may change these Fees, and may add additional fees.
General Store will receive customer payments and will reimburse you the price the item was sold for minus the transaction and payment processing fees outlined above.
You must set up a free Stripe account (stripe.com) and connect your Stripe account to your General Store seller account with the click of a button from your Vendor Dashboard. This will allow your money to be deposited directly into your bank account.
- Fee Avoidance:
You agree not to take any action to avoid paying these Fees. This includes, for example, encouraging buyers to purchase an item in your General Store shop through another venue. The price stated in each listing description must be an accurate representation of the sale. Sellers may not charge excessive shipping fees to avoid paying General Store Fees.
If a Local or Semi-Local (as previously defined) customer initiates a purchase with you through by email, FB message, or in person; it is your duty to ask the customer how they heard about your store and/or products. If that customer learned about your store and/or products through General Store (e.g. through our website, social media channels, advertising, or promotions) and wants to purchase goods available through your General Store shop, you agree to ensure that the purchase and all future purchases from that customer of goods available for sale in your General Store shop are made through General Store.
The purchase may be transacted through a venue other than your General Store shop if the customer wants to purchase an item from you that is not available for purchase in your General Store shop. This exception does not apply to custom orders. Custom orders should be transacted through General Store.
Local and Semi-local purchases may be transacted through a venue other than your General Store shop if your business has a physical location, open to the public with regular store hours, and the Local or Semi-local customer initiates the purchase in your physical store location. This exception does not apply to a store operated out of your home.
Violation of these provisions may result in automatic termination of your vendor account with General Store.
- Your Account:
As a Seller on General Store, your approved products will be available for sale on General Store and you will have your own General Store shop: somageneralstore.com/vendors[your shop name].
You will have access to your own password-protected vendor dashboard where you can upload products for approval, customize your shop banner, and enter information about yourself and your goods and services. (Your shop and dashboard will be referred to collectively as your “Seller Account”.)
You are responsible for your Seller Account. You’re solely responsible for any activity on your account and agree to keep your password secure. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Your accounts are not transferable.
Content that you post on your Seller Account is your content (“Your Content”). General Store doesn’t make any claim to it. That includes anything you post (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
By posting Your Content through our services, you grant General Store a license to use it to help General Store function, grow, and to promote your shop. By posting Your Content, you grant General Store a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide our services and to promote General Store and/or your General Store shop, in any formats and through any channels.
You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You also agree not to post any content that is false and misleading or to use your Seller Account to perpetrate fraud or deception.
You agree that you will not violate any laws in connection with your Seller Account. It’s your responsibility to obtain any permits or licenses that your General Store shop requires.
- Sales Tax:
When you add new Goods for sale on General Store, you will be asked to determine whether sales tax should be charged for Goods. You agree that it is your sole responsibility to ensure you are correctly determining whether an item is taxable. In general, New Jersey does not charge sales tax for clothing, unprepared food, or household paper products. It is your duty to determine whether your Goods incur sales tax. If it it later determined by General Store or the State of New Jersey that you should have charged sales tax for certain Goods, you agree to reimburse General Store for the amount of sales tax that should have been charged and pay any penalties, fees, interest, or legal fees associated with your failure to properly tax an item.
You agree to list the prices for your Goods, exclusive of sales tax, as is standard in the United States of America.
General Store will collect all sales tax from customers and will be responsible for filing taxes with the State of New Jersey.
- Shipping, Delivery, and Order Fulfillment:
General Store makes the following default methods available to you to ship or deliver your Goods to customers: Free Pickup, Free Local Delivery for orders over $25 (Same-day, Next-day, 2-day, or custom), Local Delivery Fee of $5, Semi-Local Delivery Fee of $10.00. Free Semi-Local Delivery for orders over $35 (Same-day, Next-day, 2-day, or custom), and USPS for orders outside the local and semi-local zone.
You can select your preferred shipping/delivery method(s) for each product. You can also change the default settings; e.g. you can change the minimum spend amount for free delivery and/or change the delivery fee charged if minimum spend not met. You can also choose whether to sell to customers outside the local zone.
Local delivery fees will be returned to you to compensate you for your delivery time or to cover any delivery expenses. But shipping fees (only applicable to customers outside of the local and semi-local zone) will be retained by General Store because General Store pays the shipping carriers.
If you select a particular shipping methods for Goods, you agree to the following:
Free Pick Up: You agree to make the product available for pick-up at a secure location within the Local zone, within the allotted time frame. You agree to clearly communicate the pickup location to the customer and to clearly communicate to them when the product will be available for pickup.
For shipping and delivery, you agree to deliver the goods or have them shipped to the customer’s shipping address (unless specified otherwise by customer) within the allotted time frame. Time frames are detailed below.
Same-day: If an order is placed by 12pm, you agree to deliver Goods to the customer by 8pm on the same day.
Next-day: If an order is placed by 5pm, you agree to deliver the Goods by 8pm the next calendar day.
2-Day Delivery: If an order is placed by 5pm, you agree to deliver the Goods by 8pm, two (2) business days later; e.g. if the order is placed before 4pm on Monday, June 1, you agree to deliver it to customer by Wednesday, June 3, at 8pm; if the order is placed before 4pm on Friday, June 5, you agree to deliver Goods by Tuesday, June 9, at 8pm.
5-day Delivery: If an order is placed by 5pm, you agree to deliver Goods by 8pm, five (5) calendar days later (excluding Sundays); e.g. if the order is placed before 5pm on Monday, June 1, you agree to deliver it to customer by Saturday, June 6 at 8pm; if the order is placed by 5pm on Tuesday, June 2, you agree to deliver it by Monday, June 8.
Custom Orders: For custom orders, you and the customer will agree on a mutually convenient time and place for delivery or pickup within the Local or Semi-Local zone. You agree to clearly communicate to the customer how long the custom order will take, and to keep the customer apprised of any delays and the reason for delay.
If you fail to deliver the item within the promised timeframe, you agree to refund the buyer 10% of the purchase price of the item. This 10% refund will be paid directly by you to the customer and will not affect the amount of fees retained by General Store. General Store will asses its transaction fees based on the original sale price of the Goods. If you fail to deliver items within the promised time frame more than three (3) times, General Store may suspend or terminate your Seller Account.
- Return Policy
The return policy is different depending on the type of Goods. You are free to limit returns further, but most state clearly in your product description if returns are prohibited or restricted further than the policy outlined below. You may make your return policies more lenient, but you do so at your own cost. General Store will not refund transaction fees of return policies that are more lenient than those outlined below.
Custom Goods, Plants, Flowers, and Food
Goods that are custom made, or plants, flowers, and food are non-returnable.
Services and Experiences
Services and experiences are non-refundable.
Handmade Goods are goods that you make. You must clearly state in your Product Title or Product Description on your Shop Page that your goods are handmade. If Goods are handmade and custom, plants, flowers, or food, they will be covered under the policy for custom goods, plants, flowers, and food, and as such are non-returnable.
For Goods that are handmade, you agree to provide store credit or exchanges equal to the purchase price of Goods within five (5) days from the date the Goods were delivered to the customer, if the Goods are: (1) unused in original packaging or (2) defective.
You may, at your discretion, choose to accept returns or exchanges of Goods that are not: (1) unused in original packaging or (2) defective, and/or after five (5) days of receipt by customer. However, such returns or exchanges must not be processed via your Seller Account on General Store. You bear the cost of all such returns and exchanges and you will not be refunded any fees in connection with such returns or exchanges.
All other Goods
You agree to provide store credit or exchanges of Goods within fourteen (14) days from the date the Goods were delivered to the customer, if the Goods are: (1) unused in original packaging or (2) defective.
You may, at your discretion, choose to accept returns or exchanges of Goods that are not: (1) unused in original packaging or (2) defective, and/or after fourteen (14) days of receipt by customer. However, such returns or exchanges must not be processed via your Seller Account on General Store. You bear the cost of all such returns and exchanges and you will not be refunded any fees in connection with such returns or exchanges.
If you believe another exception to our return policy is warranted, you will explain the circumstances in writing and General Store, in its sole discretion, may agree to make an exception.
You or General Store may terminate your Seller Account at any time. We may terminate or suspend your account and your access to your Seller Account at any time, for any reason, and without advance notice.
General Store reserves the right to change, suspend, or discontinue any of our services at any time, for any reason. We will not be liable to you for the effect that any changes may have on you, including your income or your ability to generate revenue through your Seller Account.
- Dispute with Third Parties:
General Store does not screen customers or users of our services. You agree to release us from all liability relating to your interactions with other users, customers, or prospective customers.
General Store expressly disclaims any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
General Store does not guarantee that its site will be secure or available at any particular time or location, that any defects or errors will be corrected; that its site will be free of viruses or other harmful materials; or that the results of being part of General Store will meet your expectations. You agree to use your Seller Account solely at your own risk.
Neither General Store nor its employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with your use of our website, your Seller Account or these Terms.
If General Store gets sued because of your actions, you agree to defend and indemnify us. That means you’ll defend General Store (including any of its employees or independent contractors) and hold us harmless from any legal claim or demand (including reasonable attorneys’ fees) that arise from your actions, your use of our website, your Seller Account, your breach of these Terms, or your Seller Account’s infringement of someone else’s rights. You release General Store from any claims, demands, and damages arising from your use of our site or your Seller Account.
- Disputes with General Store
The Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
You and General Store agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and General Store are each waiving the right to trial by jury or to participate in a class action or class arbitration. However, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.
Any legal action against General Store related to our Services must be filed and take place in Essex County, New Jersey. That means the seat of any arbitration shall be Essex County. For any actions not subject to arbitration, you and General Store agree to submit to the personal jurisdiction of a state court located in Essex County, New Jersey or the United States District Court for the District of New Jersey.