Retailer TOS - USA/CAN- ENG Only

Last Updated: April 15, 2026

1. Overview

Thank you for your interest in becoming a Retailer on the Faire wholesale online marketplace, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Retailer Terms of Service (“Retailer Terms”), the terms “Faire,” “us,” and/or “we” refer to Faire Wholesale, Inc. The terms “you” and/or “your” refer to you as a user of the Services as a Retailer. These Terms, along with Faire’s Terms of Service (the “General Terms”) and Privacy Policy, govern your purchase of goods as a Retailer through the Services. These Retailer Terms reference and link to various Faire policies that provide additional details regarding the Services, and such policies are incorporated herein by reference and are to be treated as part of these Retailer Terms. You hereby acknowledge and agree to the terms and conditions set forth below. Capitalized terms used herein but not defined shall have the meanings given to them in the General Terms. Throughout these Retailer Terms, the word “include” or “including” means “including, but not limited to”.

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

2. Key Definitions

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

3. Account Registration – Retail Account

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

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

4. Product and Content Compliance

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

5. Orders

1. Prohibition on Fulfillment Using Third Party Websites. You agree to not fulfill orders on third party websites unless they are approved by Faire. Prohibited sites include Amazon, eBay, Etsy, and Poshmark.
2. Order Minimums. Brands may specify a minimum dollar amount a Retailer must spend before a Brand is willing to sell to a Retailer (an “Order Minimum”). This amount is set by each Brand and may vary between Brands. Brands have the option to set a different Order Minimum for first orders and reorders you place with them.
3. Right to Refuse. You acknowledge and agree that Brands and/or Faire may refuse to complete your purchase for any reason. Additionally, please be aware that Brands may refuse orders from Business-Use Purchasers, or Resellers that indicate a purchase may be for business use instead of resale.
4. Inventory. Faire will encourage Brands to have sufficient inventory to sell goods to Retailers. However, you acknowledge and agree that Faire does not guarantee a Brand's inventory or that there will be enough product to sell to you.
5. Testers and Samples. Brands may sell testers. You may add only one tester per product SKU to any full order. Samples are currently not made available by a Brand. Please note that in the event you purchase testers, they are non-returnable and non-refundable.
6. No Circumvention. You acknowledge and agree that you will place all orders for a Brand's product through the Services for any Brand that you are first introduced to through the Services. You acknowledge and agree that you will not influence Brands, or otherwise circumvent Faire’s process or the Services, by transacting orders with Brands you were introduced to through the Services outside of the Services. Failure to comply with this provision may result in temporary suspension or permanent termination of your Retailer Account and your ability to purchase products on Faire in the future.
7. Shipping Address and Drop Shipping. You agree to provide a valid, physical address to receive the product that you order through the Services. Faire does not offer drop shipping to customers of Retailers. Retailers are also not allowed to forward purchased products to overseas locations, whether through mail forwarding services or otherwise.
8. Taxes. You acknowledge and agree that fees charged by Faire are exclusive of indirect taxes, including sales tax, fees, and similar indirect taxes that may be applicable as a result of U.S. (federal, state, and local) laws. With regard to (i) sales by a Brand to you for the purpose of resale, you are solely responsible for the collection and remittance of any taxes, including sales taxes, as well as any other payments or filings required under applicable law and you will provide Faire your retail permit number for the state or applicable local tax jurisdiction to which the products are shipped; (ii) sales by a Brand to you for your business use, Faire will collect the applicable indirect tax from you. To the extent that the fees Faire charges Retailers are themselves subject to indirect taxes or fees, Faire will calculate the applicable indirect taxes and fees, and will collect the applicable indirect taxes from you. You hereby release Faire with respect thereto, and agree to indemnify, defend and hold Faire harmless against any and all such taxes, contributions, penalties and/or interest.

6. Payment

1. Payment Methods. To make a purchase, you must link an approved payment method (such as a credit or debit card, but excluding pre-paid cards)) with your Retailer Account. Approved payment methods may vary by region. By submitting payment details in conjunction with registering for a Retailer Account and/or purchasing goods, you agree to pay for the goods purchased, and any applicable taxes and other fees that may accrue, and you authorize Faire and/or its affiliates to charge the payment method with the information you have supplied to Faire, and/or to credit that payment method to make any adjustments if necessary. Faire reserves the right to correct any errors in pricing. We will charge your default payment method on file in your Retailer Account. If it fails, we reserve the right to charge any other payment method you have included in your Retailer Account.
2. Payment Processors. Faire uses third-party service providers for credit card payment processing, fraud alerts, payment processing and disbursement of funds to Brands. You acknowledge and agree that Faire may share information about you with those payment processors in order to complete the transaction.
3. Payment Accounts. Faire offers two types of payment accounts depending on the type of Retailer business (as described below): (1) Net 60 Terms Account (“Terms Account”); and (2) Payment on Shipment Account:
   1. Terms Account. Faire offers certain Retailers the option to purchase products with a Terms Account. To be eligible for a Terms Account, you must be approved by Faire. Your account may be reviewed for terms once your first order is placed and before it begins processing. If you are eligible for a Terms Account, then Faire will not charge your account until invoices are due 60 days after the order is placed. However, you have the option to pay your invoices sooner by logging onto your Retailer Account and paying any outstanding invoices. Faire reserves the right to have spending limits under this type of account. Once you either return the products (if eligible), or pay for the products, your credit balance will decrease. You may request to have your credit limit increased by requesting to do so in your Retailer Account. Any purchases made over the credit limit must be paid upon shipment. You agree that you will not create multiple accounts in an attempt to circumvent spending limits.
   2. Payment on Shipment Account. If you are not eligible for a Terms Account, you must make payment when the product is shipped by the Brand. Your method of payment will automatically be charged once the order is in transit.
4. Failure to Make Payment & Payment Plan Program. You acknowledge and agree that if you fail to make timely payment for any goods you ordered through the Services, Faire may, at its option and without notice to you, demand immediate payment of all outstanding invoices, cancel or suspend orders, suspend or revoke your line of credit, offset monies that may be owed to you, assess late payment penalties at the highest rate allowed by law and/or temporarily suspend or permanently terminate your Retailer Account. Faire reserves the right to turn your account over to a collection agency or seek any other legal or equitable remedies available to collect any outstanding debt. You acknowledge and agree that if any payment becomes 60 days past due, and you have not otherwise opted into a payment plan program offered by Faire, Faire may at its option automatically enroll you into a 3 month payment plan, and you hereby agree to pay the total amount due in equal weekly installments over such 3 month period. Faire reserves the right to apply a fee for this service. This payment plan program is only applicable to the purchase of goods, and does not apply to any paid subscription plans or other services.

5. Acknowledgement of Brand Agent Authorization. You agree and acknowledge that as to Brands located in the United States, Faire is acting as the Brand’s agent solely for the purposes of holding, receiving and disbursing funds on the Brand’s behalf. As such, there is no risk of loss to you if Faire fails to remit the settlement funds to the Brand, provided that Faire receives payment for any transaction. Under such circumstance, Faire’s receipt of payment constitutes the Brand’s receipt of such payment amounts.

7. Shipping Costs, Lead Times and Duties

1. Shipping Costs. Shipping costs will be included on your invoice. Unless you receive free shipping on an eligible order, you are responsible for and agree to pay for all shipping costs displayed on your invoice.

   Faire’s Brand Set Shipping feature (“Brand Set Shipping”) allows Brands to (i) pre-select the shipping rate (“Flat Rate”) that you will pay to ship your order to your designated location, or (ii) provide free shipping to you if the order value is above the minimum that the Brand selects (“Free Shipping Minimum”).

   If a Brand is not using Brand Set Shipping (or if a Brand’s Flat Rate or Free Shipping Minimum does not apply to your order), your shipping cost will vary depending on the weight of the package and where the package is being shipped from. If a Brand has set a Flat Rate that is applicable to your order, your shipping cost will be the amount of such Flat Rate; if a Brand has set a Free Shipping Minimum that is applicable to your order, your shipping cost will be zero where such minimum order threshold has been met. You acknowledge and agree that the Brand reserves the right to request an adjustment to the shipping cost prior to order fulfillment of a Flat Rate order, which you may either accept or reject. If you do not accept the adjustment request (including by not responding to the notification from the Brand), your order will be canceled. If you accept the revised shipping cost, your order will be fulfilled and you agree to pay the revised shipping cost as communicated by the Brand.
   
   You acknowledge and agree that Flat Rates and Free Shipping Minimums are set by Brands in their sole discretion and may not be available in all areas or for all orders. Faire may terminate or modify the Brand Set Shipping feature without advance notice, at any time and for any reason.

2. Lead Times. You acknowledge that lead times vary on how long it takes for a Brand to ship a product. Average lead times are displayed on the Brand's page and/or when the product is in your cart. If any order takes longer than 2 weeks to ship, your invoice due date and return window (if applicable) are automatically extended by 2 weeks. Once the Brand accepts the order, the expected ship date will be updated in your Retailer Account. You will receive a notice once the product has shipped, giving you a tracking number and letting you know the cost of shipping. This information is also available in your Retailer Account.

3. Customs Duties and Similar Fees. You acknowledge that if you purchase products sold on the Services that are located outside of the country you are based in, you are acting as the importer of record for any such products purchased. You further acknowledge that you are responsible to pay any customs or excise duties, tariffs, taxes, or other fees associated with or resulting from international purchases (unless otherwise explicitly offered by Faire). Although Faire may display to you customs or tariff-related information provided by Brands such as the country of origin of certain products and USMCA qualification, and Faire may also attempt to estimate possible duties and other fees resulting from international purchases, you acknowledge that the information provided by Brands may be inaccurate or outdated, Faire’s estimates may be inaccurate, Faire is not required to provide such estimates, and you are solely responsible for conducting the necessary due diligence to determine possible duties, tariffs, taxes and other fees associated with importation. You will not have any recourse against Faire if Faire’s estimate is inaccurate or if the customs or tariff-related information provided by Brands is inaccurate.

8. Returns, Refunds, Cancellations

1. Returns. Faire offers free returns on qualifying orders placed with any Brand. From the date the order is placed, you have the same number of days to return the product for a full refund as you have to pay the invoice (“Return Eligibility Period”), subject to certain limitations identified in our Returns, Refunds and Cancellations Policy. When goods are returned to Faire by a Retailer, Faire may at its option redistribute those products through its various redistribution channels. To qualify for free returns and prevent future charges, you must adhere to Faire return policies as outlined in our Returns, Refunds and Cancellations Policy. You acknowledge and agree that any orders from a Brand not covered in Faire’s Return Policy are not eligible for return, except under certain limited circumstances described therein. Although Faire agrees to pay free shipping on returned items that qualify, you acknowledge and agree that you pay for all shipping costs to your retail store. Those shipping costs are non-refundable, even if you later return those items for free under this Section.
2. Refunds and cancellations. If you receive a product that is damaged, the shipment includes missing items or you do not receive the product by the expected ship date, you must report the issue within 14 days of receiving the product as outlined in our Returns, Refunds and Cancellations Policy. You agree that if you do not timely report the issue, the product shall be deemed delivered and satisfactory.
3. No Consignment. The right to return goods as set out in this Section 8 does not create a consignment sale arrangement.

Faire reserves the right to accept or reject any missing or damaged report filed by a Retailer in its sole reasonable discretion, including in the event Faire suspects any fraudulent activity. Faire’s decision whether to accept a damaged or missing claim shall be final.

9. Faire Messenger

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

10. Product Content

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

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

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

11. Insider

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

12. Disputes

For any disputes regarding an order or product from a Brand, you agree to try to informally resolve the dispute directly with the Brand using Faire Messenger. If you are not able to resolve the dispute, you may contact Faire to help resolve the issue. You agree that Faire has no duty or obligation to resolve any issue you have with a Brand, and you hereby release Faire from any and all liability relating to any dispute you have with a Brand.

13. 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 and fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Retailer Terms, the General Terms and/or any law or the rights of a third party, and/or your use of or participation on the Services.

14. Termination

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

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

15. Business-Use Purposes

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