Elise Galleria Terms & Conditions

Last Updated: March 15, 2025

These Vendor Terms & Conditions ("Terms") establish the agreement between Fur Elise Pets, LLC, doing business as Elise Galleria ("we," "us," or "our") and you, the Vendor ("you," "your," or "Seller"). By registering as a Seller and listing products on the Elise Galleria platform ("Platform"), you agree to abide by these Terms.

1. Definitions

1.1 The following terms shall have the meanings assigned to them:

1.1.1 Commission – The percentage of the sale price retained by Elise Galleria as a service fee.

1.1.2 Confidential Information – Non-public information shared between the parties, including pricing, customer data, and trade secrets.

1.1.3 Customer – Any individual or entity that purchases products listed on the Platform.

1.1.4 Order – A confirmed purchase of one or more Vendor products through the Platform.

1.1.5 Product – Any item listed by the Vendor on the Platform for sale.

1.1.6 Vendor Dashboard – The online interface where Vendors manage their store, product listings, and order fulfillment.

1.1.7 Membership Tiers – The structured Vendor membership program that determines commission rates and benefits:

  • Classic Tier – Standard membership with a 15% commission per sale.
  • Luxe Tier – Premium membership with a 12% commission per sale.
  • Elite Tier – Exclusive membership with a 10% commission per sale.

1.1.8 Active Selling – A Vendor must maintain at least one of the following:

  • Fulfilling at least 3–5 orders per quarter (every 3 months).
  • Keeping an updated product catalog (restocking, adding/removing items).
  • Actively participating in promotions, collaborations, or marketing campaigns.

2. Vendor Registration & Approval

2.1 Vendors must provide complete and accurate business details, including banking information for payouts.

2.2 Elise Galleria reserves the right to approve or reject Vendor applications at its sole discretion.

2.3 Vendors must comply with all applicable local and international business regulations.

2.4 Vendors may choose a membership tier upon registration and may request to upgrade their tier after a minimum of 90 days of Active Selling.

2.5 Tier Eligibility:

  • Vendors must meet Active Selling requirements (see Section 5).
  • Vendors who fall below Active Selling standards may be downgraded to the Classic Tier or removed from the Platform.

3. Product Listings & Compliance

3.1 Vendors must:

  • Maintain accurate product details, including pricing, stock levels, images, and descriptions.
  • Ensure all products comply with relevant laws and safety standards.

3.2 Elise Galleria reserves the right to remove listings that violate these Terms.

3.3 Competing Products & Fair Competition

3.3.1 Vendors may list their products alongside competitors, but Elise Galleria reserves the right to limit or restrict listings of products that directly compete with Elise Galleria-branded products.

3.3.2 If a product is deemed directly competitive, Elise Galleria may request modifications, removal, or adjustments to maintain marketplace balance.

3.3.3 Vendors must adhere to fair market practices and must not engage in:

  • Predatory pricing.
  • Misleading comparisons.
  • Unfair promotional tactics that undermine other Sellers or Elise Galleria-branded products.

4. Promotions & Discounts

4.1 Vendor Pricing

  • Vendors set their own product prices on Elise Galleria.
  • Vendors must ensure pricing aligns with their brand positioning and luxury marketplace standards.

4.2 Storewide Promotions

  • Vendors may choose to opt in or opt out of any storewide promotions run by Elise Galleria.
  • If a vendor opts into a storewide promotion, the discount will be shared 50-50 between the vendor and Elise Galleria.
  • To ensure fair application of discounts, vendors must keep their prices unchanged for at least 14 days before opting into a storewide promotion.
  • Elise Galleria reserves the right to exclude vendors from storewide promotions if their pricing history shows excessive or inconsistent discounting.

4.3 Inventory Requirements

  • Vendors participating in promotions must ensure sufficient stock levels to meet demand.

5. Commission, Fees & Payments

5.1 Elise Galleria retains a tiered commission on all sales:

  • Classic Tier – 15% commission per sale.
  • Luxe Tier – 12% commission per sale.
  • Elite Tier – 10% commission per sale.

5.2 Payouts:

  • Vendor payouts are processed bi-weekly via the Vendor’s linked payment method.
  • Vendors must ensure their payment details are accurate to avoid payout delays.

5.3 VAT & Tax Compliance:

  • Vendors are responsible for all applicable taxes on their sales.
  • Prices listed on the Platform must include VAT/sales tax if applicable.
  • Elise Galleria is not responsible for Vendor tax registration or reporting obligations.

6. Active Selling Requirements

6.1 To maintain membership benefits and platform access, Vendors must:

  • Fulfill at least 3–5 orders per quarter OR
  • Keep their product listings updated OR
  • Engage in promotions, collaborations, or marketing campaigns.

6.2 Vendors who fail to meet Active Selling requirements for three consecutive months may:

  • Be downgraded to the Classic Tier.
  • Have their account suspended or removed at Elise Galleria’s discretion.

7. Order Processing & Management

7.1 Order Fulfillment

  • Vendors must process and fulfill all Orders in a timely manner.

7.2 Order Confirmation & Updates

  • Vendors must confirm acceptance of Orders within 24 hours.
  • Dispatch and tracking details must be provided via the Vendor Dashboard.

7.3 Unfulfilled or Delayed Orders

  • If an Order cannot be fulfilled, the Vendor must notify Elise Galleria and the Customer immediately.
  • Vendors must keep stock levels updated to prevent overselling.

7.4 Cancellations

  • Vendors may only cancel Orders under exceptional circumstances and must notify Elise Galleria and the Customer immediately.
  • Orders that remain unfulfilled within required timeframes may be canceled at Elise Galleria’s discretion.

8. Shipping & Delivery

8.1 Vendors must dispatch all Orders within 2-4 business days of confirmation.

8.2 Tracking information must be provided within 24 hours of shipment.

8.3 Shipping Policy

8.3.1 Free Shipping

  • U.S. and international orders over $100 USD and under $500 USD qualify for free shipping.
  • The cost of free shipping will be covered by the vendor.

8.3.2 Standard Shipping Fees

  • $8 flat fee for U.S. orders
  • $25 flat fee for international orders

8.4 Vendors are responsible for appropriate packaging and safe delivery of their products.

8.5 All international shipments are encouraged but not required to be Delivered Duty Paid (DDP).

9. Returns, Refunds & Customer Service

9.1 Return Policy

  • Vendors must accept Customer-initiated returns within 14 days of delivery.
  • Products must be returned unused, in original condition, with all packaging and tags intact.

9.2 Excluded Products

  • Vendors may designate products as non-returnable due to their nature, hygiene concerns, perishability, or other logical reasons.
  • Examples include poo bags (hygiene-related), candles (flammable items), treats (consumable items), and custom-made products.
  • Vendors must clearly state non-returnable items in product descriptions.

10. Intellectual Property & Branding

10.1 Vendor Rights

  • Vendors retain ownership of their trademarks, logos, images, and branding.

10.2 Platform Usage

  • By listing products on Elise Galleria, Vendors grant a non-exclusive, royalty-free license to use their branding for marketing and promotional purposes.

10.3 Restrictions

  • Vendors may not use Elise Galleria’s branding, trademarks, or proprietary materials without prior written approval.

11. Data Protection & Confidentiality

11.1 Compliance

  • Vendors must comply with all applicable data protection laws, including but not limited to General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).

11.2 Customer Data Usage

  • Vendors may only use Customer data for fulfilling orders.
  • Marketing use of Customer data is strictly prohibited unless explicitly authorized by Elise Galleria.

11.3 Data Security & Breach Notification

  • Vendors must implement appropriate security measures to protect Customer data.
  • Any data breaches must be reported to Elise Galleria within 24 hours.

11.4 Confidentiality

  • Vendors must not disclose proprietary information about Elise Galleria, including commission structures, customer data, or internal processes.

12. Prohibited Products

12.1 Restricted Listings

  • Vendors may not list or sell products that violate intellectual property rights or are counterfeit, are illegal, unsafe, or non-compliant with applicable regulations, or are explicitly prohibited by Elise Galleria policies.

12.2 Enforcement

  • Elise Galleria reserves the right to remove prohibited listings immediately and suspend or terminate non-compliant Vendors.

13. Customer Disputes & Complaints

13.1 Vendor Responsibility

  • Vendors must respond to Customer complaints within 48 hours.

13.2 Dispute Resolution

  • If a dispute cannot be resolved between the Vendor and the Customer, Elise Galleria reserves the right to mediate the dispute and determine the final resolution based on available evidence.

14. Liability & Indemnification

14.1 Vendor Responsibility

  • Vendors are responsible for ensuring the quality, legality, and safety of their products.

14.2 Indemnification

  • Vendors agree to indemnify and hold Elise Galleria harmless from claims, damages, or legal actions arising from their products, and third-party disputes related to their business operations.

14.3 Limitation of Liability

  • Elise Galleria’s liability is limited to the commission earned on Vendor sales in the preceding 12 months.

15. Termination & Account Suspension

15.1 Grounds for Termination

  • Elise Galleria may suspend or terminate Vendor accounts immediately for violations of these Terms, repeated order fulfillment failures, or inactive selling for over 3 months (see Section 5).

15.2 Vendor-Initiated Termination

  • Vendors may terminate their agreement with 30 days’ written notice.

16. Third-Party Claims

16.1 Vendor Responsibility

  • Vendors are fully responsible for resolving claims, disputes, or allegations related to their products, including intellectual property infringement, product liability, and regulatory compliance violations.

16.2 Elise Galleria’s Rights

  • Elise Galleria is not liable for any claims arising from a Vendor’s products. However, Elise Galleria reserves the right to cooperate with authorities or claimants in cases involving illegal, unsafe, or non-compliant products, temporarily or permanently remove product listings subject to legal action, and suspend a Vendor’s account if the dispute poses significant legal or reputational risks to the Platform.

17. Warranty Disclaimer

17.1 Platform Limitations

  • Elise Galleria makes no guarantees or warranties, express or implied, regarding the volume of sales, visibility, or success a Vendor will achieve through the Platform and the performance, security, or uptime of the Platform.

17.2 As-Is Provision

  • The Platform is provided "as is" and "as available", without warranty of any kind. Vendors acknowledge that Elise Galleria is not responsible for technical issues, data loss, or disruptions that may affect their store or sales.

18. Modifications to Terms

18.1 Policy Updates

  • Elise Galleria reserves the right to amend these Terms & Conditions at any time.

18.2 Vendor Notification

  • Vendors will be notified of significant changes via email or their Vendor Dashboard.

18.3 Vendor Rights

  • Continued use of the Platform after an update constitutes acceptance of the revised Terms.
  • If a Vendor does not agree to the changes, they may request clarification from Elise Galleria or request to close their account by providing written notice.

19. Inspections & Quality Assurance

19.1 Product Compliance

  • Elise Galleria reserves the right to inspect product listings to ensure compliance with marketplace standards.

19.2 Non-Compliance Actions

  • If a product is found to be misrepresented or non-compliant, Elise Galleria may request updates or documentation from the Vendor, temporarily delist the product, or permanently remove the product if violations persist.

19.3 Repeated Violations

  • Vendors that repeatedly list misleading, unsafe, or poor-quality products may receive a formal warning, have their listing privileges restricted, and face account suspension or termination.

20. Force Majeure

20.1 Neither party shall be liable for delays caused by events beyond their reasonable control, including but not limited to:

  • Acts of God.
  • War, pandemics, or government restrictions.
  • Natural disasters or supply chain disruptions.

21. Governing Law & Dispute Resolution

21.1 Legal Jurisdiction

  • These Terms are governed by U.S. law.

21.2 Dispute Resolution

  • Any disputes shall be subject to the exclusive jurisdiction of the courts in Ohio and Illinois.

Acceptance of Terms

By registering as a Vendor on Elise Galleria, you confirm that you have read, understood, and agreed to these Terms.

For any inquiries, contact info@furelisepets.com.