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 don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and General Store.
1. Seller Fees:
You agree to set up a free Stripe account (stripe.com) and connect your Stripe account to your General Store seller account from your Vendor Dashboard. This will allow your money to be deposited directly into your bank account. Seller fees are subject to change.
- Sales in our Flagship Store, Pop-ups, and Ecommerce.
When you make a sale in one of our brick-and-mortar stores or our Ecommerce site, you will be charged a 20% fee, which is exclusive of credit card fees.
- 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.
Violation of these provisions may result in automatic termination of your vendor account with General Store.
2. Your Ecommerce Seller Account:
As a Seller on General Store’s ecommerce site, 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.
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.
3. Sales Tax:
When you add new Goods for sale on the General Store Ecommerce Site or in our Flagship Store or Pop-ups, 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 indemnify General Store and take all responsibility for determining whether your items are taxable.
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. You agree that it is your responsibility to consult with an accountant to determine what actions or filings you need to make with the State or Federal government.
4. Shipping, Delivery, and Order Fulfillment for Ecommerce Orders:
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.
If you fail to deliver an item to a customer 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.
6. Non-Liability of General Store for Lost, Stolen, or Damaged Items. Please take a careful inventory of items provided to General Store for this Shop. We will take good faith efforts to watch your inventory, but this is a large Shop with lots of foot traffic. You agree by taking part in the Shop that you are also taking on the potential risk that items may be lost, stolen, or damaged. General Store is not responsible for compensating you for lost, stolen items, or damaged items.
You or General Store may terminate this contract 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.
If General Store cancels a Pop-up shop removes your products from its Flagship Shop or Ecommerce Site, you are not entitled to payment of any kind, including payment for supplies or promotional materials purchased or prepared in preparation for selling with General Store.
8. Insurance. General Store carries insurance; however, you are responsible for covering your own personal property. It is strongly suggested that you carry an insurance policy to cover your own property. Our insurance will not cover your lost, stolen, or damaged property. That is solely your responsibility.
9. Sweat Equity
When you sell products in the Flagship Store, you agree to work in the store as needed in a way that is commensurate with the amount of products you have for sale, approximately 1-6 hours a month, to be determined on a case by case basis.
When you sell products in one of our Pop-ups, you agree to work in the Pop-up as needed, at least one 4-hour shift per every 2 weeks.
Social Media & Marketing Obligations: Templates for sharing your participation in our Flagship Store and Pop-ups will be provided to all participating vendors. You agree to take good faith and diligent efforts to share these templates, as modified to fit your own brand aesthetics, on your social media channels and in your email or print newsletters. If you have a brick-and-mortar location, you agree to hang the flyers we provide in your store.
10. License for Your Content: You grant General Store a license to use photos of your products, your logo, and photos of you and your store. (“Your Content”) You agree to 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 promote the Shop, General Store and/or your business, in any formats and through any channels.
11. 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.
12. 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.