The following policies were posted on 10/13/2020 and take effect on 11/13/2020. 

 

Use of Free Range Markets Applications

Buyers Responsibilities

Sellers Responsibilities

Third Party’s Responsibilities

Anti-Discrimination Policy

Privacy Policy

Community Policy

Payment Policy

Sanctions Policy

 

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Use of Free Range Markets Applications

  1. This document and other documents referenced on this page our Free Range Markets terms of use.  These Terms of Service (ToS) are a legally binding contract between you and Free Range Markets, a subsidiary of RudeBrosLLC.  By landing or browsing on any Free Range Markets’ webpage or entering any of Free Range Markets’ applications, you agree to our Terms of Service.  If you do not agree with our terms of service, you will not be able to use Free Range Markets’ services.   By agreeing to our terms of service (ToS):  (1) you agree to resolve disputes by individual binding arbitration, 2) you agree to waive any right to a judge or jury, 3) you agree to waive any right to participate in class actions, class arbitrations, or representative actions.
  2. We believe that your privacy and the protection of your information and data is of the utmost importance to us and our business.  Please see our Privacy Policy link for more information.
  3. Account Rules
      1. A person must be 18 years old to hold a Free Range Market account.
      2. Provide accurate information about yourself to Free Range Market.  Do not impersonate others or other parties.
      3. You are financially responsible for all activity on your account.
      4. Protect your password.  See the Help page.
      5. These terms of service do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Free Range Market.
  4. Content
    1.  Content that you post using our Services is your content  We have no claim to anything you post using our Services like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc..
    2.  You are solely responsible for your content.
    3.  By posting your content through our services, you grant Free Range Markets a license to use it. We do not claim ownership of your content, but we have your permission to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content to use your content to promote Free Range Markets and your content.  
    4. If you decide to remove your store from Free Range Markets, it does no good for us to continue to advertise your content on Free Range Markets.  Please notify us if you choose to leave and are sure that you are not returning and we will do our best to remove your content from our virtual advertisements.
    5.  If content that you own or have rights to has been posted to the services without your permission and you want it removed please contact administrator@freerangemarkets.com.
    6.  You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our terms of service.
    7.  You agree to not post any content that is false and misleading or uses the services in a manner that is fraudulent or deceptive.
  5. Use of Free Markets Services
    1. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our services that are subject to the terms of service and the following restrictions:
      1. You agree that you will not violate any laws in connection with your use of the services. This includes any local, state, federal, and international laws that may apply to you.
      2. You are responsible for collecting money and taxes for your sales and providing the correct payments to Free Range Markets.
      3. Do not steal our code or reverse engineer our applications.
      4. Do not harm our applications.
      5.  Follow trademark laws.
      6. Suggestions are appreciated.  Any unsolicited ideas or other materials you submit to Free Range Markets (not including your content) are considered non-confidential and non-proprietary to you. You grant us the ability to use and publish those ideas and materials for any purpose, without compensation to you.
      7. Please communicate with us electronically.  Your electronic signature by participation is as good as a signature.
  6. Termination of Account
    1. Terminating your account will not affect the availability of some of your content that you posted through the Services prior to termination and also you will still need to pay any outstanding bills.  Contact administrator@freerangemarkets.com
    2. Free Range Markets may terminate or suspend your account and your access to the services at any time, for any reason, and without advance notice. If we terminate your account, you do not have a contractual or legal right to continue to use our services.  Free Range Markets may refuse service to anyone, at any time, for any reason.
    3. Free Range Markets reserves the right to change, suspend, or discontinue any of our services at any time, and for any reason. We will not be liable to you for the effect that any changes to our services may have on you, including your income or your ability to generate revenue through our services.
    4. Free Range Markets terms of use will remain in effect even after your access to our service is terminated, or your use of our service ends.
  7. Warranties and Limitations of Liability
    1. You understand that Free Range Markets does not manufacture, store, or inspect any of the items sold through our services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Free Range Markets cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Free Range Markets from any claims related to items sold through our services, including for defective items, misrepresentations by sellers, or items that caused physical injury.
    2.  Free Range Markets make no representations concerning any content posted by users through the Services. Free Range Markets is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
    3. You can use our services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.  Be cautious in all interactions with others, especially if you are meeting someone in person.  This help page has some good advice about handling in-person meetings.

      WARRANTIES.  YOU UNDERSTAND THAT FREE RANGE MARKETS SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

      WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

      LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FREE RANGE MARKETS, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL FREE RANGE MARKETS AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID FREE RANGE MARKETS IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  8. Indemnification
    1. If Free Range Markets gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Free Range Markets (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our services, your breach of our terms of use, or your account’s infringement of someone else’s rights.  We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
  9. Disputes
    1. If you find yourself in a dispute with another user of Free Range Markets services or a third party, we encourage you to contact the other party and try to amicably resolve the dispute.
    2. Free Range Markets claim no obligation to resolve disputes.
    3. You release Free Range Markets from any claims, demands, and damages arising out of disputes with other users or parties.
  10. Disputes with Free Range Markets
    1. Contact us to try to resolve any issue by email: administration@freerangemarkets.com.
    2. Free Range Markets terms of service are governed by the laws of the State of South Carolina, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
    3. You and Free Range Markets agree that any dispute or claim arising from or relating to our terms of service shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Free Range Markets are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
    4. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $500 USD, Free Range Markets will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
    5. We’re based in South Carolina, so any legal action against Free Range Markets related to our services must be filed and take place in York County, South Carolina. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Fort Mills, South Carolina, and any in-person hearings will be conducted at a location that is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and Free Range Markets agree to submit to the personal jurisdiction of a state or federal court located in York County, South Carolina.
    6.  If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the terms of service and any action related to the terms of service will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of South Carolina.
    7. If we make any changes to this disputes section after the date you last accepted the terms of service, those changes will not apply to any claims filed in a legal proceeding against Free Range Markets prior to the date the changes became effective. Free Range Markets will notify you of substantive changes to the disputes section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Free Range Markets a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Free Range Markets in accordance with the provisions of this disputes section as of the date you last accepted the terms of service, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
    8. Free Range Markets may update these terms of service from time to time.  We will post the changes through our services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
    9. The terms of service, including all of the policies that make up the terms of service, supersede any other agreement between you and Free Range Markets regarding the services. If any part of the terms of service is found to be unenforceable, that part will be limited to the minimum extent necessary so that the terms of service will otherwise remain in full force and effect. Our failure to enforce any part of the terms of service is not a waiver of our right to later enforce that or any other part of the terms of service. We may assign any of our rights and obligations under the terms of service.

 

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Buyers Responsibilities

Free Range Markets provides a venue for buyers to discover and purchase from sellers around the world. It is important to note that Free Range Markets is not a part of that transaction. By shopping on Free Range Markets, you understand that:

  1. You are not buying directly from Free Range Markets; you are buying from a seller in our market.
  2. Free Range Markets does not pre-screen sellers and therefore does not guarantee or endorse any items sold on Free Range Markets or any content posted by sellers.
  3. Each seller on Free Range Markets has their own processing times, shipping methods, and shop policies; and you assume responsibility if you provide your own materials for a custom order.
  4. As a member of the community, you have the opportunity to flag an item or a shop that violates any of Free Range Markets policies.  Contact administrator@freerangemarkets.com to flag an item or shop.
  5. You can use Free Range Marketing applications to communicate directly with sellers or other Free Range Markets members.  These applications are a great way to ask sellers any questions you have about an item or an order. These applications may not be used for the following activities:
    1. Sending unsolicited advertising or promotions, requests for donations, or spam;
    2. Harassing or abusing another member or otherwise violating our Anti-Discrimination Policy;
    3. Contacting someone after they have explicitly asked you not to; or
    4. Interfering with a transaction or the business of another member.
  1. Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Free Range Markets:
    1. Contacting another member via Free Range Markets to warn them away from a particular member, shop, or item;
    2. Posting in public areas to demonstrate or discuss a dispute with another member;
    3. Purchasing from a seller for the sole purpose of leaving a negative review;
  2. Any use of Free Range Markets to harass other members is strictly prohibited. Similarly, conversations may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive messages that violate this policy, please let us know right away.
  3. When you buy from a shop on Free Range Markets, you’re directly supporting an independent business, each with its unique listings, policies, processing times, and payment systems. By making a purchase from a seller on Free Range Markets, you agree that you have:
    1. Read the item description and shop policies before making a purchase;
    2. Submitted appropriate payment for item(s) purchased; and
    3. Provided accurate shipping information to the seller.
    4. You also agree to comply with our Payments Policy when you use Free Range Markets payments.
  4. Reviews may be posted for 100 days after purchase.  Your review and profile information will be publically posted on the sellers listing and review pages.
    1. By leaving a review or photograph, you acknowledge that your content may not:
      1. Contain private information;
      2. Contain obscene, racist, or harassing language or imagery;
      3. Violate our Anti-Discrimination Policy;
      4. Contain prohibited medical drug claims;
      5. Contain advertising or spam;
      6. Be about things outside the seller’s control, such as a shipping carrier, Free Range Markets, or a third party;
      7. Contain threats or extortion;
      8. Includes claims falsely inflating a shop’s review score; or
      9. Undermine the integrity of the Review system.
  5. By uploading a photograph to one of Free Range Markets websites or application, you warrant that:  You own the photograph or you have the rights or permission to use the photograph; and
    1. You understand that, as stated in Free Range Markets terms of use, Free Range Markets has license to use any content you provide to Free Range Markets.  Sellers may respond to reviews of three or fewer stars.
    2. Sellers’ responses to reviews must also comply with this policy.  Sellers may hide photographs that they do not feel accurately represent their brand, or they may report reviews that violate our terms of use.
  6. Refunds are sought through connect communication with the seller.  Please contact Free Range Markets to let us know of an issue with a seller.
    1. Reasons for refunds
      1. A non-delivery occurs when a buyer places an order but does not receive the item.
      2. An item is not as described if the buyer can demonstrate that it is significantly different from the seller’s listing description or photos. Here are a few examples of not as described cases:
        1. The item received is a different color, model, version, or size.
        2. The item has a different design or material.
        3. The seller failed to disclose that an item is damaged or is missing parts.
        4. The buyer received the incorrect quantity of items (e.g., the buyer purchased three items but only received two).
        5. The item was advertised as authentic but is not authentic.
        6. The condition of the item is misrepresented (e.g., the item is described as new but is used).
    2. Non-refundable reasons
      1. Items that are damaged by the shipping carrier (if properly packaged by the seller).
      2. Items that have been altered, used, worn, washed, or discarded after receipt.
      3. Items that are received after the agreed-upon delivery date due to shipping delays.
      4. Items that are returned without a return agreement.
      5. Items that are accurately described but don’t meet a buyer’s expectations.
      6. Cost of shipping disputes.
      7. Items that are purchased in person.
      8. Items prohibited from sale on Free Range Markets, including services and intangible goods.
      9. Transactions where payment is not made via Free Range Markets checkout system.
    3. Cancellations
      1. Only sellers may cancel transactions. Buyers may request that a seller cancel an order via Free Range Markets. Note that all cancellations must comply with our Anti-Discrimination Policy.
    4. Returns
      1. Each seller has his or her own return policies, which should be outlined in their Shop Policies. Not all sellers accept returns. If you reside in the European Union, you may be entitled to a 14-day “cooling off period,” or a “right of withdrawal,” during which you may return an item for any reason. Read more about the EU right of withdrawal in this Help article.

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Vendors (Sellers) Responsibilities

  1. If you sell handmade items, you agree that:
    1. All handmade items are made or designed by you. If you work with a production partner, you must disclose that production partner in your relevant listings.
    2. You accurately describe every person involved in the making of an item in your shop in your About section.
    3. You are using your own photographs—not stock photos, artistic renderings, or photos used by other sellers or sites. 

    If you are selling personalized or made-to-order items in the Handmade category, you agree that:

    1. All listings are available for purchase at a set price.
    2. If you are using photographs of previous work with options for customization (like color choices) included in the listing, it is clear in your description that the photos shown are just examples.
    3. No reselling in a handmade category.
    4. Home-based vendors that want to sell food-based products must follow all applicable Cottage Food Laws in their location.   
  2. What can’t be sold:
    1. Even if they otherwise meet our marketplace criteria, prohibited items, services, and items that violate our intellectual property policies are not allowed to be sold on Free Range Markets.
      1. Sellers may not sell weapons.
      2. Sellers may not sell any kind of alcohol, tobacco, marijuana, illicit drugs, pharmaceuticals, or drug paraphernalia.
      3. Sellers may not sell chemicals, airplane parts, or financial products.
      4. Sellers may not sell products and services that are deemed inappropriate by Free Range Markets Administration.
      5. Home-based sellers may not sell food that does not abide by the applicable Cottage Food Laws for their locations.
      6. Sellers may not sell products that they have not been lawfully licensed or given the right to sell by the proper authorities. 
  3. Honesty:
    1. Free Range Markets value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business. By selling on Free Range Markets, you agree that you will:
      1. Provide honest, accurate information in your about section.
      2. Honor your shop policies.
      3. Accurately represent your items in listings and listing photos.
      4. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, report it by email to administration@freerangemarkets.com
      5. Not engage in fee avoidance.  Whereas a sale that is initiated on Free Range Markets applications must conclude on Free Range Markets applications.  A vendor’s store could be subject to deletion if they are found to be circumventing Free Range Market low fees.  
      6. Not create duplicate shops or take any other action (such as manipulating clicks, carts, or sales) for the purpose of manipulating search or circumventing Free Range Markets policies.
      7. Not coordinate pricing with other sellers.
  4. A vendor may become an affiliate of Free Range Market:
    1. Affiliates may not act as their own affiliate or game the affiliate system to the affiliate’s financial advantage above the normal affiliate commissions.  If affiliates are found to have used the affiliate system incorrectly the affiliate will forfeit monies earned illicitly and properly.
    2. Affiliates will earn a 1% commission on net sales (excludes tax, credit fees, the markets percentage share, and shipping) from vendors that the affiliates referred to Free Range Markets.  These referred vendors must use the affiliates link, email form, or referral code, or email Free Range Markets to link the affiliate to the referring vendor.
    3. The commission is paid out monthly through bank account transfer.  This commission will exclude returned items.
  5. You may communicate directly with your buyers or other Free Range Market members. Conversations are a great way for buyers to ask you questions about an item or an order. Conversations may not be used for the following activities:
    1. Sending unsolicited advertising or promotions, requests for donations, or spam;
    2. Harassing or abusing another member or violating our Anti-Discrimination Policy;
    3. Contacting someone after they have explicitly asked you not to; or
    4. Interfering with a transaction or the business of another member.
  6. Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Free Range Markets. Examples of interference include:
    1. Contacting another member via Free Range Markets to warn them away from a particular member, shop, or item;
    2. Posting in public areas to demonstrate or discuss a dispute with another member;
    3. Purchasing from a seller for the sole purpose of leaving a negative review;
  7. Any use of  to harass other members is strictly prohibited. Similarly, conversations may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a message that violates this policy, please administration@freerangemarkets.com
  8. You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Free Range Markets user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Free Range Markets users with whom you interact. Your privacy policy must be compatible with this policy and Free Range Markets terms of use.In particular, when you sell using our services (subject to this Policy) or use Free Range Markets applications, you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Services. You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to Free Range Markets users you interact with and compatible with this policy and Free Range Markets terms of use. For more information on the General Data Protection Regulation, see more resources at https://gdpr-info.eu and http://gdprandyou.ie. As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Free Range Markets-related communications or for Free Range Markets-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Free Range Markets policies and laws, you may not add any Free Range Markets member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you’re responsible for knowing the standard of consent required in any given instance. If Free Range Markets and you are found to be joint data controllers of personal information, and if Free Range Markets is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Free Range Markets for the expenses it occurs in connection with your processing of buyer personal information.In particular, when you sell using our services (subject to this policy) or use Free Range Markets applications, you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the services.You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to Free Range Markets users you interact with and compatible with this policy and Free Range Markets terms of use. For more information on the General Data Protection Regulation, see more resources at https://gdpr-info.eu and http://gdprandyou.ie.  As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Free Range Markets-related communications or for Free Range Markets-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Free Range Markets policies and laws, you may not add any Free Range Markets member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you’re responsible for knowing the standard of consent required in any given instance.If Free Range Markets and you are found to be joint data controllers of personal information, and if Free Range Markets is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Free Range Markets for the expenses it occurs in connection with your processing of buyer personal information.For more information, please see our Privacy Policy.
  9. In order to keep our community safe and respectful, you agree that you will not upload content that is:
    1. Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy;
    2. Obscene or vulgar;
    3. In violation of someone else’s privacy or intellectual property rights; or
    4. False, deceptive, or misleading.
  10. Buyers can leave a review, including a one to five-star rating and a photograph of their purchase, within 100 days after their item’s estimated delivery date. If an estimated delivery date is not available, the review window opens after the order’s processing time and shipping time have elapsed. Buyers can edit their review, including the photograph, any number of times during that 100 day period. On the rare occasion, you receive an unfavorable review, you can reach out to the buyer or, if the review is less than 3 stars, leave a response. Reviews and your response to reviews may not:
    1. Contain private information;
    2. Contain obscene, racist, or harassing language or imagery;
    3. Violate our Anti-Discrimination Policy;
    4. Contain prohibited medical drug claims;
    5. Contain advertising or spam;
    6. Be about things outside the seller’s control, such as a shipping carrier, Free Range Markets, or a third party;
    7. Contain threats or extortion;
    8. Include claims falsely inflating a shop’s review score; or
    9. Undermine the integrity of the Review system.
  11. We expect our sellers to provide a high level of customer service. By selling on Free Range Markets, you agree to:
    1. Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country. Read more in our Shipping Policy.
    2. Respond to messages in a timely manner.
    3. Honor the commitments you make in your shop policies.
    4. Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution.
    5. If you are unable to complete an order, you must notify the buyer and cancel the order. Read about how to cancel an order in the Help page.

    As a seller, you must provide great customer service and maintain trust with your buyers. . Read more here.

  12.  Sellers respond to cancellations, exchanges, and returns.
      1. Please be aware that in addition to this policy, each country has its own laws surrounding shipping, cancellations, returns, and exchanges. Please familiarize yourself with the laws of your own country and those of your buyers’ countries.
      2. If you are unable to complete a transaction, you must notify the buyer via Free Range Markets messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises. All cancellations are subject to our Cancellation Policy.
      3. Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state. Read more about the EU Right of Withdrawal in this Help article.
      4. Contact Administration@freerangemarkets.com if any of the following occur.
          1. There is no proof that the item was shipped to the buyer.
          2. An item was not sent to the address provided on Free Range Markets.
          3. A non-delivery occurs when a buyer places an order but does not receive the item. The following are examples of non-delivery cases:
          4. An item is not as described if the buyer can demonstrate that it is significantly different from your listing description or your photos. The following are examples of not as described cases:
            1. Items that are damaged by the shipping carrier (if properly packaged by the seller).
            2. Items that have been altered, used, worn, washed, or discarded after receipt.
            3. Items that are received after the agreed-upon delivery date due to shipping delays.
            4. Items that are returned without a return agreement.
            5. Items that are accurately described but don’t meet a buyer’s expectations.
            6. Cost of shipping disputes.
            7. Items that are purchased in person.
            8. Items prohibited from sale on Free Range Markets, including services and intangible goods.
            9. Transactions where payment is not made via Free Range Markets checkout system.

     

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    Third Party’s Responsibilities

          1. Free Range Markets is a global marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a venue, but Free Range Markets does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Free Range Markets marketplace is generated by independent sellers who are not employees, agents, or representatives of Free Range Markets. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.  Free Range Markets reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use, including this Intellectual Property Policy or our Prohibited Items Policy. Free Range Markets also reserves the right to take action against abusers of Free Range Markets Intellectual Property Policy or our Terms of Use.  Free Range Markets can’t speak on behalf of intellectual property owners, nor is Free Range Markets in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property.  Free Range Markets will remove material cited for alleged intellectual property infringement when provided with proper notice.
          2.  Free Range Markets strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Free Range Markets removes or disables access in response to a notice, Free Range Markets makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter-notice. Free Range Markets may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member. Free Range Markets may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Free Range Markets may reject notices or counter-notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Free Range Markets also reserves the right to take action against abusers of this policy.
          3. Counter-Notice In accordance with the Digital Millennium Copyright Act (DMCA), Free Range Markets accepts counter-notices for copyright notices only.  When Free Range Markets receives a DMCA counter-notice, we will provide a copy of the counter-notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter-notice is processed unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Free Range Markets of this action. Read more about DMCA notices, counter-notices, and requirements here.
          4. Repeat Infringement Free Range Markets terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Free Range Markets discretion. If we believe a member has attempted to open a new shop after termination of the initial account, we reserve the right to refuse all services to that member. These actions apply to any accounts we believe are associated with or operated by the affected member. Per our Terms of Use, Free Range Markets reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
          5.  Notice Withdrawals Free Range Markets only accepts withdrawals of infringement notices directly from the intellectual property owner or authorized representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the username, shop name, and Free Range Markets listing URLs).  Once Free Range Markets receives a formal withdrawal of a notice of infringement, Free Range Markets makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member’s shop status.
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      Community Policy

      The Free Range Markets community is a public feature where members can interact with one another. Members who use any of the community spaces must be over 18 years old. To make sure that Free Range Markets continues to be a place that’s safe and respectful, you agree to comply with the following policies in all community spaces:

      1. Respect other members’ privacy. Don’t share private or personally identifying information in public areas of the site.
      2. Be honest and transparent about who you are. Don’t use a fake identity.
      3. Be respectful towards other members. Don’t use community spaces to publicly disparage a specific member, shop, or item.
      4. Don’t use community tools or spaces to interfere with another member’s business.
      5. Don’t spam. This includes unsolicited or duplicate posts or links to your shop, fundraisers, surveys, social media, or other promotional content.
      6. Don’t use community spaces to discuss coordinating pricing with other sellers.
      7. Don’t use community spaces to harass other members. Similarly, don’t post content in community spaces that may promote, support, or glorify hatred.
      8. Don’t publish or post threats of violence against others or promote or encourage others to engage in violence or illegal activity.
      9. Don’t engage in illegal activity or activity that infringes someone’s intellectual property, or encourage others to engage in that type of activity.
      10. Don’t use community spaces to encourage others to violate Free Range Markets policies.

      Free Range Markets reserves the right to take action against any account or content that violates this policy. For example, we may remove your content, temporarily or permanently suspend your community posting privileges, or close your Free Range Markets account.

      Continue reading below some additional policies that apply to you while using specific community spaces.

    2. Members may send each other direct messages using the Community’s built-in messaging system. By using direct messages in the Free Range Markets Community, you agree to all of the above policies. In addition, you may not send messages that are considered:
      1. Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy.
      2. Obscene or vulgar.
      3. Unsolicited advertising or promotions.
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      Payment Policy

      See Stripe payment policy

    4. Seller payments:

    5. The Stripe Payment Gateway charges a fee on each individual sale for credit gateway use.  (Stripe Fees) The seller will retain the remainder of the sales tax and shipping fees.  For the remainder of the sale price, our Sellers will retain 95% of the value, while Free Range Markets shall claim 5% of the value to use to maintain the marketplace.  The Stripe Payment Gateway and/or PayPal may be used to pay out to vendors their commission on a rolling three-day basis. 
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      Sanctions Policy

      This policy is a part of our Terms of Use. By using any of our Services, you agree to this policy and our Terms of Use.

      As a global company based in the US with operations in other countries, Free Range Markets must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the US Department of the Treasury. This means that Free Range Markets or anyone using our Services cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.

      This policy applies to anyone that uses our Services, regardless of their location. It is up to you to familiarize yourself with these restrictions.

      For example, these restrictions generally prohibit, but are not limited to, transactions involving:

      1. Certain geographic areas, such as Crimea, Cuba, Iran, North Korea, and Syria, or any individual or entity operating or residing in those places;
      2. Individuals or entities identified on sanctions lists such as OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List;
      3. Nationals of Cuba, regardless of location, unless citizenship or permanent residency outside of Cuba has been established; and
      4. Items originating from areas including Cuba, North Korea, Iran, or Crimea, with the exception of informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks.

      In order to protect our community and marketplace, Free Range Markets takes steps to ensure compliance with sanctions programs. For example, Free Range Markets prohibits members from using their accounts while in certain geographic locations. If we have reason to believe you are operating your account from a sanctioned location, such as any of the places listed above, or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of our Services. Members are generally not permitted to list, buy, or sell items that originate from sanctioned areas. This includes items that pre-date sanctions since we have no way to verify when they were actually removed from the restricted location. Free Range Markets reserves the right to request that sellers provide additional information, disclose an item’s country of origin in a listing, or take other steps to meet compliance obligations. We may disable listings or cancel transactions that present a risk of violating this policy.

      In addition to complying with OFAC and applicable local laws, Free Range Markets members should be aware that other countries may have their own trade restrictions and that certain items may not be allowed for export or import under international laws. You should consult the laws of any jurisdiction when a transaction involves international parties.

      Finally, Free Range Markets members should be aware that third-party payment processors, such as Stripe, may independently monitor transactions for sanctions compliance and may block transactions as part of their own compliance programs. Free Range Markets has no authority or control over the independent decision-making of these providers.

      The economic sanctions and trade restrictions that apply to your use of the Services are subject to change, so members should check sanctions resources regularly. For legal advice, please consult a qualified professional.

      Resources: US Department of the TreasuryBureau of Industry and Security at the US Department of CommerceUS Department of StateEuropean Commission