Vendor Terms
PoshMom.com (“PM”) operates a curated marketplace where a Vendor can sell new, vintage, and handmade goods directly to Buyers around the United States via a PM Sell Live account. This contract is a part of our Terms of Use, found at https://poshmom.com/vendor-terms. By opening a PM Sell Live account, you are agreeing to this policy and our Terms of Use.
As a PM Sell Live account holder, you agree to the following guidelines:
General Rules:
- Listing must be a legal item either owned by the Vendor or for which Vendor has the legal right to sell
- Selling of the item must not violate any local, state or federal regulations
- All products should be appropriately and accurately categorized
- The item must not be on PM’s Prohibited Items list (see below)
- If required, the Vendor must transfer all rights to, or remove any restrictions on, the merchandise at time of purchase
- Product titles, product descriptions, and bullets must be clearly written and should assist the customer in understanding the product
- Product title length must not exceed a maximum of 75 characters (including spaces) in all categories
- For optimal sales, you must provide a detailed item description including:
- Dimensions (length, width, and height)
- Brand
- Condition
- Country of origin
- Full description of material composition of the product (highest to lowest %)
- Proof of authenticity
- Provide clear photos taken by the Vendor – must be actual photos of the item (not stock photo, graphic, or illustration). PM accepts JPEG (.jpg) file formats only.
- Vendor must ship the item within 3-7 days of a purchase
- Vendor must provide a valid tracking number within 24 hours of shipping.
- PM must be able to confirm delivery through a valid tracking number
- Vendor must announce on Vendor’s official social media accounts (i.e. Twitter/X, Instagram Post, TikTok, etc.) at least twenty-four (24) hours in advance each time the Vendor intends to go live on the Vendor’s PM Sell Live account.
- As a condition to selling on PM, all Vendors shall provide PM with a copy of the Vendor’s product liability insurance policy, which insurance must remain in full force and effect for the life of Vendor’s PM Sell Live account.
Your subscription will automatically renew for a 12 month period. If you cancel your renewal within 30 days of the contract renewal date, your subscription will continue through to the end of your contracted subscription term, after which it will end and not automatically renew.
Shipping/Payment:
To ensure delivery of the Vendor’s merchandise, PM will receive a copy of the shipping confirmation sent to the purchaser. Once the item is confirmed as delivered and a return request is not requested within 14 days of delivery, your payment is eligible for payout. Remember, all sales are final once a payout has been initiated.
At the sole discretion of PM, a Vendor’s payout time may be adjusted based on Buyer/consumer experience with the Vendor and/or any product offered by such Vendor.
Live Stream License
By operating a PM Seller Live account, you grant PM a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable, and sub-licensable (through multiple tiers) license to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, sublicense, and distribute your recorded live streams associated with your PM Seller Live account, including, but not limited to, for use on PM’s social media channels. You confirm, represent, and warrant to PM that you have all the rights, power, and authority necessary to grant the license provided herein and that all live streams provided through your PM Seller Live account is and shall be your own original work or work which you are authorized to supply to us. In furtherance thereof, you irrevocably and unconditionally waive all moral rights you may now or in the future have in any such live streams provided through your PM Seller Live account.
Product Detail Rules and Requirement:
- Using the product upload tools for any purpose other than listing products on PM is prohibited.
- The use of false product identification information, including UPC codes, in product detail pages is prohibited.
- Using product details to cross-merchandise or cross-promote a product is prohibited.
- Images must accurately represent the product and show only the product that is for sale, with minimal or no background.
- The main product image must show the actual product, and must NOT show excluded accessories, props that may confuse the Buyer, text that is not part of the product, or logos/watermarks/inset images.
- The product must fill 80% or more of the image. Images should be 1000 pixels or larger in either height or width.
- Detail pages may not feature or contain Prohibited Items.
- The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
- Phone numbers, physical mail addresses, email addresses, website URLs, HTML, DHTML, Java, scripts, or other types of executables.
- Availability, price, alternative ordering information (such as links to other websites for placing orders), or alternative shipping offers (such as free shipping).
- Reviews, quotes, or testimonials.
- Solicitations for positive customer reviews.
- Advertisements, promotional material, or watermarks on images, photos, or videos.
- Time-sensitive information (i.e., dates of promotional tours, seminars, lectures, etc.).
- Pornographic, obscene, or offensive content.
Prohibited Items
PM prohibits the listing or sale of any item that is set forth below (“Prohibited Items”). If a Seller lists a Prohibited Item, it will be deemed to be a violation of this policy and our Terms of Use, regardless of whether the Seller acted intentionally or not. If PM determines that a listing is in violation or is otherwise inappropriate, PM may, at its discretion, remove the listing and cancel any related transactions, up to and including termination or suspension of the user.
You may not use the PM Sell Live account (or any other service provided by PM) in connection with any product, service, transaction or activity that in general:
- Violates any law or government regulation, or promotes or facilitates such action by a third party;
- Is fraudulent, unfair, deceptive, abusive or predatory;
- Causes or threatens to damage PM’s reputation;
- Violates the terms of any payment card or electronic funds transfer network, or results in or creates an unreasonable risk of chargebacks/payment reversals, penalties, damages or other harm or liability.
PM’s list of Prohibited Items may be updated from time to time at PM’s discretion. PM may not be used to sell or purchase any of the following products or services:
- Anything illegal (as determined pursuant to applicable local, state, or federal law)
- Drugs, including, but not limited to:
- Products, tools, or services specifically offered or intended to be used to create drugs
- Grow ingredients for drugs. For example, seeds for cannabis plants
- Prescriptions medicines, pharmaceuticals or over the counter drugs
- Stolen goods, goods with serial number removed/altered, or burglary tools
- If a purchased item is reported as stolen, a demand for return may be received from the victim or another party, and the item may be confiscated according to applicable regulations.
- Counterfeit goods or goods infringing on a third party's intellectual property rights, such as:
- Listings of non-brand, non-genuine, imitation, fake, or replica items
- Items in violation of a copyright, including handmade, or other items with copyrighted characters, brand logos, etc.
- For brand-name products, serial numbers or receipts must be available when listing the item.
- Weapons, including, but not limited to:
- Firearms
- Switchblades, butterfly knives, or knives with blades over 3" (excluding cutlery)
- Listings for knives with blades of 3" or under must include an image of the blade against a ruler for verification of length.
- Knives that are concealed or hidden within other objects, or are made of materials that cannot be detected with a metal detector are prohibited regardless of length.
- Ammunition, clips, cartridges, reloading materials, gunpowder, fireworks
- Explosives or military ordinance
- Firearm parts
- Alcohol for Buyers under twenty-one (21) years of age or outside of the United States
- Recalled items
- Tobacco products
- Cigarettes
- E-cigarettes, e-hookahs, or other vaporizing instruments that contain nicotine
- Vaporizing liquid with nicotine
- Items used for identity theft, including, but not limited to:
- Account credentials, user login information, and/or account access codes
- Coupons to purchase products
- Items that are a safety hazard
- Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright materials (For example: "mod chips" to break the encryption on game computers to allow the use of unlicensed game copies).
- Age-restricted products or products that require a legal approval or licenses to be purchased or sold, other than alcohol only available to Buyers in the United States over twenty-one (21) years of age
- Gambling products and/or purposes, including using PM for raffles and/or “mystery purchases”
- Financial products and services such as:
- Bonds, securities, or insurance
- Banknotes or coins of any currency or denomination, or gold bullion
- Buying and selling gift cards or prepaid cards
- Live Animals
- Food stamps, WIC vouchers, SNAP or WIC goods, or governmental assistance.
- Any item that contains a computer virus, malware, or spyware
- US military items not demilitarized in accord with Defense Department policy.
- Humans, human body parts, organs, cells, blood, body fluids, or items that are soiled with human materials, such as previously-worn underwear.
- Explicit items, including, but not limited to:
- Sexually explicit items, such as sex toys and fetish items
- Offensive items (determined at PM’s discretion)
- Child pornography
- Bestiality
- Offers or solicitation of illegal prostitution
In addition to the items referenced above, any item that presents unreasonable harm or risk, as determined solely by PM, may be removed at PM’s discretion.
Prohibited Conduct Policy
By opening a PM Sell Live account, you agree to follow the rules and manners as included in our Terms of Use. PM may prohibit a user engaging in any prohibited conduct from using and accessing any future services provided by PM, including, but not limited to, terminating the user’s PM Sell Live account and/or other ability to access services provided by PM. PM may hold funds after such termination to cover chargeback/funds reversal risk or refunds arising from Prohibited Conduct. PM will refund payments in connection with acts taken by PM in accordance with this policy and as required by applicable law or regulation.
You agree not to engage in the following “Prohibited Conduct”:
- use the PM Sell Live account and/or any other service provided by PM for any illegal purpose or in violation of any local, state, national, or international law or regulation;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- post, upload, or distribute any user content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could consider objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, offensive or otherwise inappropriate;
- interfere with security-related features of the PM Sell Live account and/or any other service provided by PM, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the PM Sell Live account and/or any other service provided by PM except to the extent that the activity is expressly permitted by applicable law or regulation;
- interfere with the operation of the PM Sell Live account and/or any other service provided by PM or any user’s enjoyment of the PM Sell Live account and/or any other service provided by PM, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the PM Sell Live account and/or any other service provided by PM; (c) attempting to collect, personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the PM Sell Live account and/or any other service provided by PM, or violating any regulation, policy, or procedure of any network, equipment, or server;
- use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the PM Sell Live account and/or any other service provided by PM or to extract data;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other PM Sell Live account and/or any other service provided by PM without permission, or falsifying your age, date of birth or other information; or
- sell or otherwise transfer the access granted by PM or any right or ability to view, access, or use any PM content.
Return Rules:
Per PM’s Buyer Protection Policy, a Buyer can request a return within 14 days of confirmed delivery (or within 3 days of the scheduled delivery, in the event the item is lost in transit) (“Return Window”). Following the Return Window, all return requests decisions shall be solely between Vendor and Buyer. In the event Vendor elects to honor a return request, Vendor acknowledges that PM shall not return the transaction fee.
Vendor must provide the Buyer with a prepaid or simply addressed shipping label (depending on the Vendor’s policy) to return the item to the Vendor.
We will issue a refund to the Buyer in the original form of payment once the tracking confirms the item is “In Transit”.
We advise all Vendors to be as detailed as possible when creating listings.
If the Vendor or Buyer is not in good standing with PM, a return request may be denied. PM reserves the right to flag Buyers that request and/or have excessive returns. PM reserves the right to suspend Vendors who fail and/or are unable to ship purchased items more than 3 times in a 30 day period.
Cancellation Rules:
If you are unable to ship on time or no longer have the item, please let your Buyer know as soon as possible. Vendors must request to cancel a transaction if they are unable to fulfill an order. Please be sure to keep your listings up to date to avoid having unavailable items accidentally purchased.
Refunds
A Vendor's payout account will be debited the amount of the processing fee for any refunds. If a payout has already occurred for the refunded transaction, a Vendor's payout account will be debited the payout amount for the refunded transaction.
Cancellations
A Vendor's payout account will be debited the amount of the credit card processing fee for any cancelled transaction.
Disputes
Any time a charge/transaction is disputed by a Buyer beyond 14 days, a Vendor's payout account will be debited the amount of the credit card processing fee. If a dispute is resolved in the Buyer's favor for the following reasons, the Vendor's payout account will be debited an additional $20.00 dispute processing fee:
- The item is not as described in the listing.
- The wrong item is received.
- The product was not received.
Stripe Services Agreement:
Payment processing services for Vendors on PM are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By operating as a Vendor on PM, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of PM enabling payment processing services through Stripe, you agree to provide PM accurate and complete information about you and your business, and you authorize PM to share it and transaction information related to your use of the payment processing services provided by Stripe.
You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that PM shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.
You understand that PM uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold PM liable for any adverse effects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Stripe account, your PM account, you, or your business.
Indemnification
By operating as a Vendor and/or any using other service provided by PM, you agree to indemnify, release and to hold harmless PM, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with (i) your operation of a PM Seller Live account, including, but not limited to, any sales made via use thereof and/or any content promoted therein and/or in relation thereto, (ii) any buyer’s receipt, ownership, use or misuse of any item purchased from your PM Seller Live account, (iii) your use or attempted use of the PM website and/or the Services; (iv) your violation of this policy, PM’s Terms of Use, or any rules established by PM relating to your use of any PM services; (v) any claims based on publicity rights, defamation, or invasion of privacy; (vi) failure to comply with any necessary and/or applicable local, state, or federal law, and/or other government regulations or guidelines (including, but not limited to, FDA, FTC, etc.) pertaining to any product sold via your PM Seller Live account, and/or (vii) any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights, or violation of other applicable law.
Relationship of the Parties
You acknowledge that PM is a sales agent solely for the purpose of providing you access to the PM Sell Live account. This Agreement does not constitute a partnership or joint venture between you and PM. You acknowledge that by opening a PM Sell Live account and/or any other use by you of the PM website and/or the Services, nothing in this Agreement will be construed as creating an employer-employee, agency, joint venture, or partnership relationship.