Updated: 7 November 2016 Definitions
  1. Terms defined in the Retail Terms shall have the same meaning in these Shop Platform Terms unless expressly stated otherwise.
  2. Shop Platform Terms definitions:

Payment Account” means the payment processing account through which all Shop Platform transactions are processed. Currently, the service provider accepted by fafinder is Stripe. fafinder reserves the right to specify a different or alternative payment processing service provider in future.

Prohibited Items” means the items listed in clause 18.

Shop Platform Terms” means the terms and conditions contained in this document.

Term” means the term of this agreement as described in clause 85.

General
  1. These Shop Platform Terms govern your use as a retailer of the Shop Platform in order to conclude sales with your customers.  By listing items on our Shop Platform, you agree that you hereby bind the legal entity that you represent to the Retail Terms, Privacy Statement, Cookie Policy and these supplemental Shop Platform Terms.
  2. In the event of a conflict between these Shop Platform Terms and our Retail Terms, the Shop Platform Terms shall prevail.
  3. These Shop Platform Terms relate to your use and interaction with the following fafinder Services through the App or the Website (together the Shop Platform):
    1. listing and sale of items on the Shop Platform;
    2. communications with your customers through the Shop Platform; and
    3. payments and refunds for items sold on the Shop Platform.
  1. If you disagree with these Shop Platform Terms or any part of them, you must not use or access the Shop Platform.
  2. Your application to use the Shop Platform shall be subject to our acceptance and upon the terms and conditions contained herein.
fafinder as a Platform
  1. When you sell items though the Shop Platform, the contract relating to that sale is between you and the purchaser. Purchasers do not buy items from fafinder. You acknowledge that fafinder is not a party to any such contract and that you are solely responsible any issues arising out of the sale of any goods on the Shop Platform.
  2. The Shop Platform is an online extension of your shop. Act with honesty and with great customer service, just as you would in your bricks and mortar shop.
  3. We have invested significant resources in building this platform to connect you with your customers. Accordingly, any attempt to circumvent our fee by moving the completion of orders received through the Shop Platform to another point of sale may result in the receipt of an invoice for our fee and/or suspension or termination of these Shop Platform Terms and your access to the Shop Platform.
  4. In addition, access to the Shop Platform is provided to you on the condition that you do not charge a higher price to a customer on the Shop Platform than you would to a customer that came to you from any of your [distance] sales channels.
Sales Contract
  1. The sales contact between you and the customer is formed when the order confirmation email is sent to the customer.
  2. The sales process is as follows:
    1. The customer makes an order request on the Shop Platform:
    2. The customer’s order request is sent to you through the Shop Platform;
    3. You confirm you are able to meet the order request through the Shop Platform
    4. Your confirmation triggers the processing of the customer’s payment;
    5. Upon successful processing of the customer’s payment you will be informed of the customer’s successful payment through the Shop Platform;
    6. The customer will be sent the order confirmation email.
  3. Where the customer’s payment cannot be processed, no sales contract is formed.
  4. You should not ship goods before the sales contract has been formed as you may not receive payment if the payment is unsuccessful. fafinder does not accept liability for shipments shipped before the sales contract has been concluded.
Disclaimer
  1. The Shop Platform permits retailers to create listings to connect with customers and sell goods directly to customers facilitated by an online platform. You hereby agree that fafinder is not a party to any agreements between you and your customers, nor is fafinder a retailer, producer, distributor or manufacturer of goods listed for sale on the Shop Platform. fafinder has no control over the conduct of users of our App or Website and disclaims all liability to the maximum extent permitted by law.
Retailer Obligations
  1. With respect to the Shop Platform, your obligations throughout the term of this agreement are to: –
    1. keep stock availability information up to date;
    2. promptly mark items as sold out;
    3. keep all listing information up to date and remove items from listings that will no longer be in stock.
    4. fulfill all orders promptly and in full once the sales contract has been formed
    5. deal promptly with all customer service enquiries from customers, whether before or after an order has been place;
    6. promptly acknowledge and respond to customers refund requests or requests to cancel or return orders;
    7. comply with the fafinder Shop Returns Policy and deal with refunds, exchanges and returns in accordance with this policy.
    8. complete through the Shop Platform all orders received in the Shop Platform;
    9. charge an equivalent price to the customer in the Shop Platform as you would charge to a customer received from any other distance sales channel;
    10. provide customers with a level of customer service in the Shop Platform that is equivalent or greater than the degree of skill and care that you would you would provide to your customers in your actual retail store and in no event less than a reasonable degree of skill and care;
    11. maintain your fafinder account in good standing; and
    12. maintain your payment account in good standing.
Prohibited Items
  1. You are prohibited from selling the following items on the Shop Platform:
    1. items that cannot be posted;
    2. items that are electrical and electronic equipment as such term is understood under the Waste Electrical and Electronic Equipment Directive (as recast);
    3. batteries or hazardous substances;
    4. items that are illegal to sell or possess in the Republic of Ireland or the United Kingdom;
    5. dangerous items, recalled items, or any items that present an unreasonable risk of harm;
    6. counterfeit goods or goods that infringe on the intellectual property of a third party; or
    7. items that are not permitted to be posted on the fafinder platform

These shall be known as the ‘Prohibited Items’.

Retail Information and Listings
  1. You must fill out the information about your shop, your “Retail Information” fully, honestly and accurately before commencing use of the Services.
  2. In addition, it is a requirement of European Customer law that the customer is provided with the main characteristics of each product sold. You must complete this information for each item listed for sale on the platform.
  3. All listing prices on the Shop Platform must be inclusive of the following:
    1. All taxes, including VAT; and
    2. All charges, including shipping.
  4. Listings may be removed by fafinder if they are out of date or out of stock for a long period. In addition, you may be asked to renew existing listings periodically to ensure that your listed items are up to date.
Shipping
  1. The default information provided to the customer is that items will be delivered within 5 working days of confirmation of the order. If you will not be able to deliver the items to the customer within 5 working days, you must let the customer know in advance of confirming the order so that they may cancel the order or instruct you to cancel the order before payment has been processed.
  2. We recommend that you err on the side of caution when estimating shipping times to ensure that your customers are not disappointed. When calculating shipping times, we remind you to set aside additional time to take the processing time into consideration. By way of example, consider the processing time with respect to orders received on a Saturday night that may not be processed until Monday morning.
  3. The method of shipping that your store uses is a matter for your store. Note that under European consumer law, risk passes only upon the customers acquisition of physical possession of the goods. Proof of delivery may be of use in disputes with customers that involve damage to items or non-delivery.
  4. Shipping confirmations should only be sent by you when the item has actually been shipped, not in anticipation of shipping the item.
  5. If items shipped from your shop are delivered in excess of shipping estimates repeatedly or consistently then you may be suspended or removed from the Shop Platform.
Payment Account
  1. In order to participate in the Shop Platform, you must sign up for a Payment Account with fafinder’s nominated payment provider in the manner identified by fafinder as suitable for use with the Shop Platform. You must also connect your Payment Account to us so that we can arrange the payment of transactions (and in certain circumstances refunds).
  2. Your contract for the Payment Account is directly with the payment services provider.
  3. You must comply with the terms and conditions required to operate the Payment Account.
  4. The transactions fees on the Payment Account are entirely a matter between you and the relevant payment services provider.
  5. Arrears are dealt with under the Payment Account terms and all correspondence relating to arrears should be directed to the payment services provider.
  6. You are responsible for management of the Payment Account, compliance issues, and the payment of all fees associated with the Payment Account.
  7. You must keep the Payment Account in good standing.
  8. When a transaction is finalised, the payment services provider sends the funds directly to your Payment Account, less our fee which goes directly to fafinder. We do not hold your funds, even temporarily.
  9. If you do not comply with the terms of the Payment Account, fafinder may suspend or terminate your access to the Shop Platform and these Shop Platform Terms with no further liability to you.
  10. While you will receive an invoice from fafinder at month-end, and information on payments be be viewed on an order-by-order basis through the Shop Platform, current and overall payment information relating to the Shop Platform may be viewed through your Payment Account.
Fees and Charges
    1. You agree to pay the fees as described in these Shop Platform Terms.
    2. You hereby irrevocably authorise fafinder to deduct our fees from payments made by customer that are transferred to your Payment Account during the Term.
    3. You hereby authorise fafinder to arrange the processing of payments and refunds to and from your Payment Account in accordance with the terms of these Retail Shop Terms during the Term.
    4. Our current fee is (fifteen percent) 15% of the listing price of each item sold on the Shop Platform. This fee is inclusive of VAT where fafinder is required to account for VAT on the fees.
    5. Example: An item listed on the Shop Platform at €100 where the payment service provider fee is 2% (this 2% fee is for example purposes only).
fafinder 15
Payment services provider 2
Retailer 83
Total 100
  1. Our fees may change from time to time. We will notify you in advance of any change to our fees.
VAT
  1. VAT on listed items is your responsibility and you must account to the relevant tax authorities for VAT on sales transacted through the Shop Platform.
  2. Retailers must provide their VAT registration number to fafinder, where applicable.
  3. We will account for VAT on our fees, where applicable.
  4. UK-based VAT-registered retailers are required to account for VAT on our fees to their local tax authority under the reverse charge rules.
  5. We will provide you with a VAT invoice at month-end detailing all the transactions that took place within that month, our fees and, where applicable, the VAT on our fees.
Refunds
  1. We require all the retailers on the Shop Platform to comply with our Shop Returns Policy as a minimum standard of customer service. You may agree terms more favourable with the customer at your discretion.
  2. Customers must be provided with a full refund, including any shipping fee, without being required to give a reason for requesting the refund, where they:
    1. exercise their right of withdrawal from the contract within 14 days of receipt of the item; and
    2. return the item, or provide evidence of return of the item to your shop.
  3. The default information on the Shop Platform is that the customer is responsible for paying their own shipping fees for the return of the items unless the item is faulty and the fault is notified to the retailer within 14 days of receipt . You may agree terms more favourable with the customer at your discretion. 
  4. Refunds for faulty items must be processed in line with the statutory obligations in the country in which the consumer resides.
  5. fafinder will refund to you 10% of the listing price upon processing of a refund through the Shop Platform. fafinder retains the remaining 5% of the listing price as an administration fee in all circumstances.
  6. fafinder will not refund any fee where the refund is processed outside the Shop Platform.
  7. The maximum refund you may process is the amount of the original amount paid by the customer for the relevant order.
  8. You are at all times responsible for processing refunds and returns under the fafinder Shop Returns Policy.
  9. fafinder may, at its sole discretion process a refund from your Payment Account where fafinder has a good faith belief that a customer is entitled to a refund.
Chargebacks
  1. fafinder has no way of determining whether a chargeback has occurred in your payment account.
  2. fafinder will refund to you 10% of the listing price upon processing of a chargeback provided you notify us of the chargeback and provide us with evidence of the chargeback having taken place (for example, a copy of the statement from the Payment Account).
  3. fafinder retains the remaining 5% of the listing price in all circumstances.
Discount codes
  1. fafinder may offer “fafinder discount codes” to customers, which reduce the total amount payable by the customer during the payment process.
  2. A fafinder discount code will not affect the amount received by you for the sale, or the fees payable by you to fafinder
  3. The terms and conditions of use of any fafinder discount codes will be at fafinder’s sole discretion.
Privacy & Confidentiality
  1. You must not use the Shop Platform in any way that will infringe any right of confidence, right of privacy or right under data protection legislation.
  2. You are a data controller with respect to the personal data provided to you through sales concluded on the Shop Platform.
  3. The privacy policy terms notified to the customer are as follows: –
“fafinder provides your details (including personal data) to the relevant retailer so that your order can be performed. Retailers will use your personal data: –
    1. to complete your order;
    2. where necessary, to contact you to clarify aspects of your order;
    3. where required to do so for legal reasons or law enforcement requests; and
    4. to ensure that your order is shipped to you. Please note that where retailers use a third party delivery service, the retailer may share your name, address and, where required, your email address and/or telephone number with the delivery service.
Retailers are data controllers with respect to the personal data they receive when you place an order on the Shop Platform. Please contact them directly if you have any queries with respect to their use of your personal data.”
  1. Where we make a customer’s personal data available to you via the Shop Platform you shall at all times act in accordance with the legal responsibilities appropriate to your role as data controller.
  2. You may not re-use any personal data made available via the Shop Platform for any purpose unless you do so in compliance with data protection legislation. For assistance in determining your obligations under data protection law, please consult the website of the Irish Data Protection Commissioner at www.dataprotection.ie or the UK’s Information Commissioner at www.ico.org.uk.
  3. Where fafinder becomes aware of your misuse of personal data obtained via your use of the Shop Platform, you may be suspended or removed from the Shop Platform.
  4. You indemnify and hold harmless fafinder from any and all claims, costs, losses and expenses arising out of your failure to comply with any applicable data protection legislation.
  5. Where we acquire personal data from you, it is used in accordance with our privacy statement and cookie policy available on our website (fafinder.com).
Breaches of these Shop Platform Terms
  1. If we inform you that your interactions with a customer or customers on the Shop Platform is a cause of concern to us in terms of the likelihood or the actuality of a negative impact on our brand, we reserve the right to suspend you from the Shop Platform and/or direct a refund to the relevant customer(s) from your Payment Account.
  2. You acknowledge that if you act contrary to clause [69], this constitutes good and sufficient ground for us to immediately terminate these Shop Platform Terms and withdraw provision of the Shop Platform to you without any further liability to you.
Modifications and Termination
  1. We reserve the right to restrict access to the Shop Platform and these Shop Platform Terms at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restriction measures.
  2. We reserve the right to terminate your access to the Shop Platform and these Shop Platform Terms in circumstances where the Payment Account is suspended or terminated.
  3. We may revise these Shop Platform Terms from time to time. The revised Shop Platform Terms will apply to the use of the Shop Platform from either the date of its publication on the Website or App or the date specified where we provide you with notice of the change. We will also update the “Updated” date at the top of these Shop Platform Terms We will provide you with notice of material amendments to these Shop Platform Terms. By continuing to access or use the Shop Platform after we have posted a modification on the Website or App or have provided you with notice of modification of these Retail Shop Terms, you are indicating that you agree to be bound by the modified Retail Shop Terms. If the modified terms are not acceptable to you, your only recourse is to cease using the Shop Platform.
  4. We reserve the right to terminate, discontinue or alter any or all aspects of the Shop Platform at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Shop Platform. You may discontinue use of the Shop Platform at any time. If you wish to terminate these terms, you must provide us with prior written notice.
  5. Upon termination of these Shop Platform Terms for any reason, you must discontinue use of the Shop Platform and the licence granted to you to use the Shop Platform and/or the Service shall be immediately revoked.
  6. On termination, all your obligations relating to pending and non-completed orders will continue until the customer’s order is satisfied or the customer is refunded in full.
  7. Unconfirmed orders will be cancelled upon termination of these Retail Shop Terms.
  8. Where a customer has been charged but the order has not shipped, termination of these Shop Platform Terms may be postponed pending satisfaction of the order.
  9. Where a customer’s order has not been satisfied prior to termination of these Shop Platform Terms, fafinder reserve the right to direct a refund to the customer from the Payment Account.
  10. On termination, data uploaded to the Shop Platform by you may be deleted at fafinder’s sole discretion.
  11. Any provision of this agreement that contemplates performance or observance subsequent to termination shall survive termination.
Counterfeit Goods and Third Party Intellectual Property Rights
  1. fafinder operates a zero tolerance policy with respect to the sale on the Shop Platform of counterfeit goods or goods that infringe the intellectual property rights of third parties.
  2. fafinder reserves the right to immediately remove offending listings, cancel orders and/or suspend or terminate access to the Shop Platform and these Retail Terms in circumstances where fafinder becomes aware of your sale or attempted sale on the Shop Platform of counterfeit goods or goods that infringe the intellectual property rights of third parties.
  3. You hereby agree to indemnify and hold fafinder harmless for any breach of of third party intellectual property rights or any attempt to sell counterfeit goods on the Shop Platform.
Duration
  1. The Shop Platform shall be provided by us to you from the date of acceptance by us of your application and, unless this agreement is terminated by us in accordance with these Shop Platform Terms, shall continue to be provided subject to these Shop Platform Terms, unless terminated by either party giving not less than one month’s prior written notice (the “Term”). Your shop may be suspended during the notice period. All outstanding confirmed orders must be satisfied within the notice period and prior to termination.