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Empathy Market (“Empathy Market,” “we,” “us,” “our”) provides its services to you the user (“you”, “user”, “seller”) through this website, located at www.empathymarket.com (the “Site”). The site, and all things contained within it, are subject to the following Terms of the Site (the “Terms”).
Please note that we reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without notification. If we change the Terms, we will post the changes on this page and will indicate at the bottom of this page the date these Terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you are welcome to leave the Site and refrain from using it in the future.
The Important Part — Seller Registration and Product Submission Obligations:
All products submitted by sellers will be reviewed by us to ensure they abide by our Fundamental Guidelines before they are approved and made available for purchase on the marketplace.
1. Products sold on the marketplace must not contain any animal product, derivative, or by-product.
2. Products sold on the marketplace must not be produced using a process which involves any animal product, derivative, or by-product.
3. Products must not be tested on animals.
4. When submitting a product the seller must list all the ingredients / materials used in the product.
5. It is the responsibility of the seller to set the price and shipping costs of each of their products.
Product Submission Guidelines:
We will be as diligent and thorough as possible during the review process. However, it is still the responsibility of the seller to ensure their products abide by our Fundamental Guidelines. If we are uncertain of whether or not a product abides by our Fundamental Guidelines, we will contact the seller to request more information. If we deem that a product fails to meet our Fundamental Guidelines it will be refused.
Empathy Market commission: We take a commission of 5% from the subtotal of each order. We do not take commission on shipping, taxes, or any other fees which may be incurred by the buyer after a purchase is made.
If you are one of the first Sellers on Empathy Market you may have been offered a permanently reduced commission rate. When you create your Seller account we will set your account to have the agreed upon rate and it will remain that way.
Payment processing fee: Paypal take their standard fee of 2.9% + $0.30 per transaction.
Payments are made to the seller automatically right after a purchase is made. As a seller, you are required to provide us with information relating to your PayPal account in order for Empathy Market to be able to distribute funds to you after a sale. It is the sole responsibility of the seller to ensure that the payment information the seller provides is accurate and correct. Empathy Market will not be held accountable for any losses, financial or other, arising as a result of incorrect payment information provided by the seller.
Sellers will not impersonate any person or use a name he or she is not legally authorized to use. Sellers authorize us, and authorized agents, to verify their information (including any updated information) by accessing public records and obtaining credit reports about the sellers in order to approve a seller account. Sellers also authorize Empathy Market to verify the sellers’ information from time to time. Empathy Market verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.
Sellers agree to resolve any disputes directly with a buyer or with the assistance of Empathy Market administrators in accordance with our Seller Terms & Conditions and General Terms & Conditions. In the event that a dispute is escalated to Empathy Market’s administration team, Empathy Market reserves the right to issue a refund to a buyer if a transaction is found to be in violation of Empathy Market’s Seller Terms & Conditions and General Terms & Conditions.
In the event that a buyer submits a chargeback, Empathy Market will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. Empathy Market reserves the right to recoup funds associated with buyer chargebacks.
C. Communications. We will inform sellers of each transaction by email.
D. Refunds. Empathy Market reserves the right to issue a refund to a buyer if a transaction is found to be in violation of Empathy Market’s Seller Terms & Conditions and General Terms & Conditions.
E. International Trade Laws. You agree that your use of Direct Payments will not involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies.
A. We reserve the right, in our sole discretion, to seek reimbursement from a seller in any of the following circumstances: (a) we provide a refund to a buyer because a seller did not promptly deliver the goods, (b) we discover erroneous or duplicate transactions related to a seller, (c) we receive a chargeback from a buyer’s credit card issuer or reversal of payment for the amount of a buyer’s purchase from a seller, or (d) a seller does not act in accordance with Empathy Market’s Seller Terms & Conditions or any policy thereunder.
B. We may obtain reimbursement of any amounts owed by a seller to Empathy Market by deducting from future payments owed to the seller, reversing any credits to the seller’s Shop Payment Account balance, charging the seller’s credit card on file, charging the seller’s bill, or seeking reimbursement from the seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of the foregoing methods to seek reimbursement.
Empathy Market has engaged PayPal to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.
Empathy Market uses PayPal to facilitate card payments and other payments by buyers and to disburse funds to sellers. PayPal is regulated and authorized to provide payment services in the countries where it operates.
Empathy Market may share your personal or transactional information with third-party service providers when it’s necessary to process payments.
By using a third-party service, you may also be subject to an agreement with the third-party. PayPal is a third-party service provided by PayPal Holdings, Inc., and is subject to the PayPal User Agreement.
Sellers must respect the following Guidelines:
• Attempts to divert transactions or buyers: Any attempt to circumvent the established Empathy Market sales process or to divert Empathy Market users to another website or sales process is prohibited. Specifically, any advertisements, marketing messages (special offers) or “calls to action” that lead, prompt, or encourage Empathy Market users to leave the Empathy Market website are prohibited. Prohibited activities include the following:
◦ The use of email intended to divert customers away from the Empathy Market sales process.
◦ The inclusion of hyperlinks, URLs or web addresses within any seller generated confirmation email messages or any product/listing description fields that are intended to divert customers away from the Empathy Market sales process.
• Unauthorized & improper business names: The Business Name (identifying a seller’s business entity on Empathy Market) must be a name that: accurately identifies the seller; is not misleading; and the seller has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a seller cannot use a business name that contains an email suffix such as .com, .net, .biz, and so on.
• Inappropriate email communications: All email communications with buyers must be courteous, relevant and appropriate. Unsolicited email communications with Empathy Market users, email communications other than as necessary for order fulfillment and related customer service, and emails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
• Misuse of the Empathy Market selling platform: All sellers are able to access and use the Empathy Market selling platform. If a seller uploads excessive amounts of data repeatedly, or otherwise uses the platform in an excessive or unreasonable way, it can create a disproportional load on the platform and impair the ability of other sellers to easily access and use the platform. If a seller is misusing or making excessive or unreasonable use of the Empathy Market selling platform, Empathy Market may in its sole discretion restrict or block the seller’s access to product feeds or any other platform functions that are being misused until the seller stops its misuse.
• Misuse of ratings, feedback, or reviews: Any attempt to manipulate ratings, feedback, or reviews is prohibited.
◦ Ratings and feedback: The rating and feedback features allow buyers to evaluate the overall performance of a seller, helping sellers to develop a reputation within the Empathy Market Marketplace. You may not post abusive or inappropriate feedback or include personal information about a transaction partner. This also includes posting ratings or feedback to your own account. You may request feedback from a buyer, however you may not pay or offer any incentive to a buyer for either providing or removing feedback.
◦ Reviews: Reviews are important to the Empathy Market Marketplace, providing a forum for feedback about product and service details and reviewers’ experiences with products and services — positive or negative. You may not write reviews for products or services that you have a financial interest in, including reviews for products or services that you or your competitors sell. Additionally, you may not provide compensation for a review other than a free or discount copy of the product. If you offer a free or discount product, it must be clear that you are soliciting an unbiased review. The free or discount product must be provided in advance. No refunds are permitted after the review is written. You may not intentionally manipulate your products’ rankings, including by offering an excessive number of free or discounted products, in exchange for a review. Review solicitations that ask for only positive reviews or that offer compensation are prohibited. You may not ask buyers to remove negative reviews.
• Creating separate listings: Sellers may not create separate listings for identical copies of the same item. Individually listing the same item several times is confusing for buyers and frustrating for other sellers. Sellers must use the quantity field to offer multiple copies of the same item, and only list separately if offering the same item in different conditions.
Sellers are responsible for shipping their sold items to buyers. If you’re using a shipping or fulfillment service, remember that you’re responsible for buyers’ customer service experience. By selling on Empathy Market, you agree to:
A. Provide an accurate “ships from” address.
B. Specify your shipping costs and processing time in your listings.
C. Ship items promptly after they are sold. Items must be shipped no later than within 30 days of purchase unless otherwise specified in your processing time or agreed upon with the buyer through Conversations.
D. Comply with all local and international shipping and customs regulations.
E. Ship to the address listed on the Empathy Market receipt or sent to you by the buyer.
F. Mark the order as shipped when you ship it. You may only mark an order as shipped when you actually ship an order to a buyer. Your buyer will receive an Empathy Market Shipping Notification when your order is marked as shipped.
G. Charge an accurate and appropriate amount for shipping.
In the unlikely event an order does not go as planned, be prepared to provide valid proof of shipping. Valid proof of shipping must show that the item was shipped to the address provided by the buyer. If a buyer does not receive their order, they may make a complaint against your shop.
By agreeing to our Seller Terms & Conditions you are also agreeing to our General Terms & Conditions, which apply to both buyers and sellers.
Last updated June 3, 2016.