Last Updated: June 8, 2021

1. Overview

Thank you for your interest in becoming a Buyer on the PBP wholesale online marketplace, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Buyer Terms of Service (“Buyer Terms”), the terms “PBP,” “us,” “our” and/or “we” refer to Powered By People, Corp. The terms “you” and/or “your” refer to you as a user of the Services as a Buyer. These Terms, along with PBP’s Terms of Use (“ToU”) and Privacy Policy, govern your purchase of goods as a Buyer through the Services. These Buyer Terms reference and link to various PBP 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 Buyer Terms. You hereby acknowledge and agree to terms and conditions set forth below. Capitalized terms used herein but not defined shall have the meanings given to them in the ToU. Throughout these Buyer Terms, the word “include” or “including” means “including, but not limited to”.

2. Definitions. in these Buyer Terms:

  1. “Buyer” means a retailer, wholesaler, designer, or brand who purchases goods through the Services for the purpose of resale.
  2. “Maker” means a seller who offers to sell and/or sells its goods and manufacturing services to Buyers through the Services.

3. Account Registration – Buyer Account

Buyer Account. You must register, create a complete Buyer Account and be approved by PBP, to purchase goods through the Services as a Buyer (“Buyer Account”), as further set forth in the ToU. We may deactivate your account if we determine that you are in breach of these Buyer Terms, including the sale of products in third party marketplaces.

By accepting these Buyer Terms and providing the requested information during the Buyer application process (as detailed in the ToU and Community Terms), you authorize PBP and its affiliates and payment processors to electronically debit your account and, if necessary, electronically settle and disburse funds to your account on your behalf.

Eligibility. To be eligible for a Buyer Account, Buyers must have an online or physical store that is open and ready for business, looking for custom services or small batch manufacturing. You must also have, and provide proof of, a valid business ID or reseller’s permit (or equivalent documentation).

Account Owner. If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner and you represent that you have the authority to bind your employer to our Terms of Use. You agree to use your employer-issued email address.

4. Product and Content Compliance

You acknowledge and agree as follows:

PBP is not required to determine whether the products sold on the Services, or any Content related thereto: (i) abide by PBP’s guidelines and/or are not prohibited; (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; (v) are allowed to be sold from the Maker’s jurisdiction and/or into your jurisdiction; and/or (vi) are allowed to be sold by you from your jurisdiction into your customer’s jurisdiction. You agree to conduct the necessary due diligence for compliance and suitability of Makers and their products. You hereby release PBP from any liability with respect thereto, and agree to indemnify, defend and hold PBP harmless for any claims as set forth in the Indemnification section below.

5. Orders

You acknowledge and agree as follows:

  1. Third Party Fulfillment Websites only allowed for custom products; including Amazon, eBay, Facebook, Instagram, Etsy.
  2. Minimum Quantities. Makers may specify a minimum dollar amount a Buyer must spend before a Maker is willing to sell to a Buyer (a “Minimum Order Value”). This amount is set by each Maker and may vary between Makers.
  3. Refusal Right. Makers and/or PBP may refuse to accept for any reason.
  4. Inventory. PBP encourages exclusive product development of made to order production. We will encourage Makers to have sufficient inventory to sell goods to Buyers within a given delivery window. However, PBP does not guarantee a Maker's inventory or accuracy of product lead times.
  5. Samples. Makers may sell samples by request. Please note that when you purchase samples, they are non-returnable and non-refundable.
  6. Exclusivity. You will place all orders for a Maker's product through the Services for any Maker and producer that you are first introduced to through the Services. You shall not influence Makers, or otherwise avoid PBP’s process or the Services, by transacting orders with Makers 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 Buyer Account and your ability to purchase products on the Site in the future.
  7. Shipping. A valid, physical address to receive the product that you order through the Services is to be provided. PBP does not offer drop shipping to customers of Buyers. Buyers are also not allowed to forward purchased products to overseas locations, whether through mail forwarding services or otherwise.
  8. Taxes. You are solely responsible for the collection and remittance of any taxes and duties, including sales taxes, customs duties borne by the destination country, as well as any other payments or filings required under applicable law. You hereby release PBP with respect thereto, and agree to indemnify, defend and hold PBP harmless against any and all such taxes, duties, contributions, penalties and/or interest. No orders made through the PBP platform may be refused upon arrival.

6. Payment

  1. Payment Methods. To make a purchase, you must provide at least two forms of approved payment method (such as a credit or debit card, or bank account, but excluding pre-paid cards) with your Buyer Account. You will be allowed to select a preferred payment method at time of the invoice. Approved payment methods may vary by region. By submitting payment details in conjunction with registering for a Buyer 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 PBP and/or its affiliates to charge the default payment method with the information you have supplied to PBP, and/or to credit that payment method to make any adjustments if necessary. PBP reserves the right to correct any errors in pricing. We will charge your default payment method on file in your Buyer Account. If it fails, we reserve the right to charge any other payment method you have included in your Buyer Account.
  2. Payment Processors. PBP uses third-party service providers for credit card payment processing, fraud alerts, payment processing, escrow and disbursement of funds to Makers. You acknowledge and agree that PBP may share information about you with those payment processors in order to complete the transaction.
  3. Payments Accounts. PBP offers two types of payment accounts depending on the type of Buyer business (as described below): (a) Net 60 Trade Credit Account (“Credit Account”); and (b) Payment on Shipment Account:
    1. Credit Account. PBP offers qualified Buyers the option to purchase products with a Credit Account. To be eligible for a Credit Account, you must be approved by PBP. Your account may be reviewed for terms once your first order is placed and before it begins processing. If you are eligible for a Credit Account, then PBP will not charge your account until invoices are due 60 days after the order is shipped. However, you have the option to pay your invoices sooner by logging onto your Buyer Account and paying any outstanding invoices. PBP reserves the right to have spending limits under this type of account. Once you pay for the products, your credit balance will decrease. You may request to have your credit limit increased. 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, or face permanent termination of your Buyer Account.
    2. Payment on Shipment Account. If you are not eligible for a Credit Account or have fully extended your Credit Account limit, you must make payment when the product is ready to be shipped by the Maker. You will automatically be charged once the order is in transit.
  4. Socially Responsible Pay. This means that you choose to cover the 5% advance payment fee enabling the Maker to receive a 50% advance payment when the order is placed and the remaining 50% upon shipment (in accordance with Fair Trade principles). This 5% fee will be applied to your final invoice. Additional financial review may be required for PBP approval. This option is available to both Buyers on Net 60 Trade Credit and on Pay on Ship Accounts and does not affect the Buyer payment as defined in 3.a. and 3.b. above.
  5. You authorize PBP to electronically debit your account and, if necessary, electronically credit your account to correct erroneous debits.
  6. Late Payment, 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, PBP 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, assert late payment penalties and/or temporarily suspend or permanently terminate your Buyer Account. PBP 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 PBP, PBP may automatically enroll you into a payment plan. PBP reserves the right to apply a fee for this service.
    1. Late Payment Fee. In the event, there is a payment delay after 60 days have elapsed from shipment, the Buyer shall be liable to pay a late fee of 0.5% of total transaction value per week for each additional week of delay in payment.

7. Shipping Costs and Lead Times.

You acknowledge and agree as follows:

  1. Shipping Costs. You shall pay for all shipping costs as negotiated with each Maker either as FOB “Freight on Board” or as displayed on your invoice as well as any customs and/or duties on international orders. Shipping costs will be included in your invoice. Shipping costs will vary depending on the weight of the package and where the package is being shipped from.
  2. Lead Times. Lead times vary on how long it takes for a Maker to produce and ship a product. Average lead times are displayed on the product detail page. Once the Maker accepts the order, the expected ship date will be updated in your Buyer 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 within the order details in your Buyer Account.

8. Returns, Refunds, Cancellations

  1. Refunds. PBP does not offer returns on orders placed with Makers and only offers refunds under certain limited circumstances as described below. You agree that handcrafted items unlike factory-made products always have some degree of variance and natural events may lead to unforeseen delays. Please read the disclaimers carefully on the product page or in your custom order quotation.
    1. Shipping damage: If you receive a product that was damaged in shipping please take the following steps:
      1. Take a video of the shipment box while unboxing.
      2. Send images to the shipping company as they will be the entity covering the cost.
      3. Keep PBP notified and copied on correspondence.
      4. Check with the shipping company in question to make sure you follow their procedure as they will be issuing the refund.
    2. Significant delays: You should expect orders within a two week window and accept orders up to a month. For delays over a month we encourage you to negotiate for a discount before cancelling the order all together. We do not accept cancellations for custom orders.
    3. Insufficient quality and missing items: In any of these cases you must report the issue within 10 days of receiving the product. If you do not report the issue within this time period, the product shall be considered delivered and satisfactory. To report any issue with the order delivered we would need proof to suitably address your concerns. We, therefore, request you to take the following steps to ensure that we can provide the fastest, most satisfactory resolution:
      1. If there is any discrepancy between the sample and the product delivered, we request you to share the image of the product and sample side by side and articulate your specific issue.
      2. Please share clear image/video from different angles of any defect that you may notice on the product.

      PBP reserves the right to accept or reject any missing or damaged report filed by a Buyer in its sole reasonable discretion, including in the event PBP suspects any fraudulent activity. PBP’s decision whether to accept a damaged or missing claim shall be final. All returns will be managed directly with the Maker (supported by PBP) and the shipping provider as applicable.

      You agree that before seeking a refund, you will first attempt to resolve the issue directly with the Maker and the shipping provider, and you release PBP from any liability.

      In cases where full refunds are issued, rejected products can be shipped to a US address provided by PBP.

    9. Product Content

    Limited License. PBP displays various Content related to the products, including photographs, product descriptions, Maker 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, Instagram, or social marketing for the sole purpose of reselling that same product.

    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 PBP is not responsible, nor shall PBP be held liable, for any Content, and PBP 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, intellectual property rights, rights of publicity, rights of privacy, contain libelous, or otherwise unlawful, abusive, harassing, obscene material, or result in the violation of any applicable law.

    10. Disputes

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

    11. Indemnity

    You agree to defend, indemnify, and hold PBP, 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 Buyer Terms, the ToU and/or any law or the rights of a third party, and/or your use of or participation on the Services.

    12. Termination

    If you breach any of these Buyer Terms, PBP will have the right to temporarily suspend or permanently terminate your Buyer Account, these Buyer Terms and/or the ToU in its sole discretion and without prior notice to you. PBP reserves the right to revoke your access to and use of the Services at any time, with or without cause. In the event PBP terminates these Buyer Terms, your Buyer Account and/or the ToU due to your breach, you will remain liable for all amounts due hereunder.

    You may terminate your relationship with PBP at any time by contacting PBP’s support team at support@poweredbypeople.com or as otherwise indicated in your Buyer Account portal. PBP will close your Buyer Account once there has been an accounting of all monies due and owing.