Our goal is to provide only high-quality buying experiences through our platform. Please join us. We reserve the right to reject any marketplace participant whom we believe may not meet our standards. We may also reject any products that we determine are not a good fit for our marketplace. We may seek to verify your information and may work with third parties to do so.
- will set up a profile that describes Merchant’s brand and overall offerings on the 11 Main platform;
- will create or customize content for the offers that they wish to promote through the 11 Main platform;
- may link their 11 Main platform accounts to their Facebook accounts;
- will set their shops to be on vacation during periods where they will not be able to fulfill orders within the designated time frame.
- mislead the reader;
- include or infringe on any party’s trademark or other intellectual property rights;
- contain an email suffix such as .com, .net, .biz, etc.; or
- contain recognizable elements of a phone number, such as 800-411-MAIN.
2. OFFERS AND SALES
a. BINDING SALE
All sales are binding. You will ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless an exceptional circumstance prevents completion; for example, if the buyer fails to meet the terms of the Merchant's offer (such as payment method). The buyer is obligated to deliver appropriate payment for items purchased, unless an exceptional circumstance prevents it. Merchants should avoid the accidental sale of an item that is no longer in stock, but, if it occurs, merchants should issue a refund and communicate with the buyer promptly.
b. SHOP POLICIES
- outline your shop policies for your 11 Main shop on your shop policies page;
- comply with your policies; and
- be responsible for enforcing your own shop policies.
- include, for example, shipping, returns, payment and selling policies;
- be reasonable and created in good faith; and
- will comply with 11 Main's site-wide policies.
11 Main may (x) require a Merchant to modify a shop policy, or (y) modify the Merchant shop policies and guidelines upon notice to the Merchant. If 11 Main believes that a Merchant’s profile page does not comply with any of 11 Main rules and guidelines, 11 Main will attempt to work with the Merchant to correct any non-compliance, but may suspend or terminate the Merchant’s account to protect the health of the marketplace.
c. SALES TAX
11 Main enables Merchants to collect applicable taxes, and the Merchant will be ultimately responsible for paying any and all taxes applicable to any purchases or sales of products, including, without limitation, all applicable sales, VAT, use or other taxes, duties or governmental assessments (excluding any taxes on 11 Main’s net income).
d. FEE AVOIDANCE
You will not engage in any activity to avoid any 11 Main fees ("fee avoidance"), including:
- completing a transaction through means other than the 11 Main platform once such transaction has been initiated on the 11 Main platform,
- pricing any item below its intended purchase price,
- charging any fees that exceed reasonable shipping and handling fees to cover the costs of packaging, and mailing an item,
- altering an item or its price to avoid fees,
- diverting a purchase to another source,
- misrepresenting an item's location, or
- using another user's account, or sharing ownership or access to an account.
e. CROSS-BORDER TRADE
E-commerce is global commerce, and 11 Main seeks to connect buyers to interesting businesses that can provide the most compelling buying experiences within this global context. Since 11 Main operates online, and through tablet and mobile devices, our sites, services, applications, and tools are accessible to buyers and merchants around the world. We, therefore, may offer certain tailored experiences or assist cross-border trade through various programs, tools, third-party relationships, and technical advances, such as currency conversion calculations or translation services.
To help buyers find the offers available to them in their geography, Merchants will define where an item can be shipped, which will be an indication that promotion in that geography is desired and welcomed. While such exposure may or may not result in a sale, cross-border transactions should be fulfilled with equal care to setting and meeting expectations as transactions happening closer to your home geography. You are expected to meet the standards set by 11 Main, and the expectations described for buyers on shipping method and timeliness in the listings you submit. You may restrict international buyers from purchasing your items by excluding international shipping locations from your listings.
f. EXPORT COMPLIANCE
- comply with all applicable export laws, rules, and regulations, including, without limitation, those of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States, or foreign agency or authority; and
- not export, or allow the export or re-export of any products in violation of any such restrictions, laws or regulations;
- cooperate with the buyer to obtain any necessary licenses or exemptions with respect to the export of any product to any location; and
- at, 11 Main’s request, demonstrate compliance with all applicable laws and regulations prior to any shipment or delivery.
Merchants will be solely responsible for all customer purchase order fulfillment, shipping, returns, and recalls at the Merchant’s expense.
Merchant will fulfill orders placed through the 11 Main platform to the intended recipient in a prompt manner equal to, or faster than orders placed from other sources and within the time period the Merchant specified at the time of the order. Merchants will set reasonable shipping costs for each item.
ii. PACKING LISTS
On packing lists, Merchant will not advertise or identify other channels for Merchant’s goods. For example, Merchant’s packing slip should not reference other marketplaces or direct sales from Merchant’s own website.
iii. INTERNATIONAL SHIPPING
Where required, and unless otherwise specified by the Merchant, all shipments will be shipped Delivered Duty Paid to the customer’s designated address (or DDP, as defined in Incoterms 2013 and meaning that the Merchant is responsible for delivering products to the address of the intended recipient, and will pay all costs, including relevant import duties and taxes).
b. CREDITS AND PROMOTIONS
To the extent a customer applies any credit or promotion toward a purchase, such credit or coupon will be applied as defined within the terms of the particular credit or coupon. For example, promotions providing a discount on the price of an item will not also discount shipping costs, unless the coupon explicitly provides otherwise.
You will keep 11 Main apprised via the 11 Main platform of all inventory levels and inventory changes. 11 Main expects Merchants to deliver products bought by buyers and will not tolerate the negative buying experience out of stock situations create.
d. CUSTOMER SERVICE
The Merchant will be solely responsible for all customer service issues at the Merchant's expense.
ii. 11 MAIN
11 Main Merchants are responsible for creating positive buying experiences. However, 11 Main will use commercially reasonable efforts to assist Merchants in facilitating customer service needs. This assistance may include:
- answering questions related to order tracking and making carrier claims of lost or damaged shipments,
- processing returns to Merchants, including provision of return shipping labels to customers and initiation of the return in the 11 Main platform,
- cancelling orders due to customer request or credit card issues,
- referring any customer questions relating to a particular Merchant to that Merchant and re-issuing credits to customers as appropriate,
- providing information to the customer that is available on the Merchant’s 11 Main public profile or in the customer’s order details.
a. PRODUCT SALES AND DESCRIPTIONS
Merchants will use product descriptions and photographs that accurately depict the item for sale and are not created solely:
1. to share photographs or other information,
2. as an advertisement to drive traffic to another site, or
3. as a notice of sales or promotions, unless specifically authorized in advance by 11 Main.
Merchants will not price products on their shops(with or without shipping):
4. at a higher price than the Merchant lists the product on (i) the Merchant’s own website, or (ii) any third-party website known to the Merchant without the express permission of 11 Main.
5. with an artificially high price in order to keep it from selling.
If your listing indicates that more than one item is "in stock," all items in that listing will be identical and in equal condition. Each unique item will have its own listing. By listing an offer on the Site, you warrant that you and all aspects of the offer comply with 11 Main's published policies. You also warrant that you may legally make the offer.
b. 11 MAIN RIGHTS
c. GROUPED ITEMS
Merchants may group items as a set into a single product (e.g. a camera, lens, bag bundle) if the items are being sold and shipped concurrently. Except where specific accommodations are made for variations of an item (e.g. sizes and colors), each listing must describe a single unique item that must be available for purchase.
d. OTHER VENUES
Merchants will not direct shoppers to another online selling venue to purchase the same items as listed at 11 Main (includes posting links or providing information sufficient to locate another online venue). Offers that do not comply with 11 Main’s policies may result in suspension of account privileges and/or termination.
e. RESTRICTED PRODUCTS
Merchants are not permitted to list or sell any of the following through the 11 Main platform (each a "Restricted Product"):
- Tobacco and other smokeable products
- Drugs, medical drug claims about an item, drug paraphernalia
- Live animals, illegal animal products
- Human remains or body parts
- Firearms and/or weapons
- Hazardous materials
- Recalled items
- Real estate
- Motor vehicles
- Any product that promotes violence or is biased toward others based on race ethnicity, religion, gender, gender identity, disability, or sexual orientation.
11 Main may remove any offer that 11 Main believes does not uphold the brand, reputation or image of 11 Main.
f. MATURE CONTENT
11 Main aims to maintain a marketplace appropriate for general audiences. "Mature content" means content that is not generally thought to be appropriate for viewing by children.
- label products with mature content as "mature;"
- not use profane language or images in your profiles, banners or products; and
- ensure that your images available to the general public will be appropriate for a general audience.
g. PRICE PROTECTION
11 Main believes the Merchant brand, story and customer service matter significantly in creating positive consumer experiences. Nonetheless, price is also a critical consideration for many consumers. We have chosen a low but sustainable success-fee approach to enable Merchants to pass along favorable pricing to consumers. Overall, however, if any consumer or 11 Main’s own technology systems leads 11 Main to determine, considering the Merchant’s product offering as a whole, including shipping costs, customer service, and the significance of individual items, that the Merchant's product offerings through 11 Main are less favorable to 11 Main customers than the Merchants product offerings through the Merchant's website, or third-party websites, then 11 Main will have the right to remove the product for sale, or prohibit the seller from offering items for sale on 11 Main. We value our relationships with the select Merchants and brands offered through 11 Main, and will use our reasonable efforts to notify Merchant and attempt to resolve these pricing concerns in advance of such actions. 11 Main may remove product offerings that 11 Main believes violate contractual or intellectual property rights.
h. CODE OF CONDUCT
The maintenance of each of our brands and images are essential components of this Agreement. We and you will refer to the other party, the Platform, as well as other Merchants on 11 Main positively and in good faith. You will conduct yourself, at all times, in such a manner as not to engage in conduct that is generally viewed by the public as offensive, reprehensible, illegal, vulgar, or that otherwise impairs or diminishes, or is reasonably likely to impair or diminish the reputation of 11 Main or other Merchants on the 11 Main Platform.
i. PRODUCT ENDORSEMENT
Any endorsement of any product by a customer of the 11 Main platform (including any customers with whom a Merchant offers special pricing or promotions) is solely within the discretion of such customer, and 11 Main will not require any such customer to endorse or share any product. The Merchant will neither publicize nor disclose such endorsement outside of the 11 Main platform without both 11 Main’s and the endorsing customer’s prior written consent. While 11 Main, in its own discretion, may make commercially reasonable efforts to investigate and remove any comments deemed fraudulent or misleading, 11 Main is not responsible for any statements, comments or other content any customer makes in connection with a product. The Merchant releases 11 Main from all liability in connection with any damages or losses suffered by the Merchant in connection with any such statements, comments or other content.
j. MERCHANT COMMUNITY
In an effort to help Merchants successfully grow their businesses through 11 Main, 11 Main may provide Merchant with tools and services to help them grow their 11 Main-supporting buyer audience so as to acquire additional customers for the Merchant. Such services may include the ability to connect with and market directly to existing customers through 11 Main. To the extent Merchant has the legal right to do so, at the Merchant’s sole discretion, the Merchant may upload names and email addresses from its relevant contacts and customer database as permitted by the functionality of the 11 Main platform to be used for helping Merchant grow its customer support. To the extent Merchant uploads such names and email addresses, Merchant will use the 11 Main platform to encourage buyers to shop for Merchants's products, support the Merchant, and participate in the 11 Main platform. (11 Main may make Merchant’s email address the "reply to address"). The Merchant represents and warrants that with respect to any information uploaded to the 11 Main platform, and, with respect to any communications sent to customers with respect to the 11 Main platform, it has the legal right to perform such actions without violation of law or any third-party rights.
5. SOCIAL MEDIA POLICY
When posting about 11 Main, or tagging 11 Main in any posts on social networks (for example, on Facebook, Twitter, Instagram, or Pinterest):
- do not post shots that include alcohol, violent language or imagery, or content inappropriate for a family audience,
- refrain from negative posts, or any comments that may be derogatory towards racial or social groups,
- do not engage in debates or arguments with other 11 Main merchants or customers, and
- make clear that you are an 11 Main seller--not an 11 Main Employee--and that the views you express are your own. You can call this out specifically in the commentary accompanying the post; for example, “I am a seller on 11 Main, this is my personal opinion and does not reflect the opinion or values of 11 Main.”
6. RETURNS AND TRANSACTION DISPUTES
11 Main expects to approve only the best merchants who can deliver amazing buying experiences to consumers. Still, sometimes transactions can go awry through miscommunication or because of unusual circumstances. 11 Main will try to assist communication between buyer and sellers in the case a transaction results in a return or dispute.
All product returns will be shipped from the applicable customer to the Merchant directly. Merchants will be solely responsible for, and will hold 11 Main and its customers harmless from, all costs and expenses associated with product returns, and for handling all returns and customer service requests relating to the products at its expense.
b. PRODUCTS NOT RECEIVED
If a Merchant shipped a product that the buyer claims not to have received, 11 Main may require the Merchant to provide further information such as proof of shipping, or proof of delivery to help resolve the dispute. 11 Main reserves the right to issue a buyer of a product a refund and adjust the Merchant’s account accordingly. Merchants that do not respond to 11 Main’s requests to provide information in furtherance of resolving a dispute may have their accounts suspended or terminated from the 11 Main platform.
c. PRODUCT IS DIFFERENT THAN DESCRIPTION
If a buyer receives a product that is different from the product described on the 11 Main platform, 11 Main may require both Merchant and buyer to provide further information, such as photographs and other information to help resolve the dispute. Upon review of such information, 11 Main reserves the right to issue a buyer a refund and adjust the Merchant’s account accordingly. Merchants who do not respond to 11 Main’s requests to provide information in furtherance of resolving a dispute may have their accounts suspended or terminated from the 11 Main platform.
d. MERCHANT CANCELING AN ORDER
If you cannot fulfill an order due to extraordinary circumstances or otherwise, you will notify the customer and 11 Main customer service as soon as possible. Orders can only be cancelled prior to shipment. Orders cannot be cancelled in connection with any fee avoidance. If a Merchant abuses the foregoing cancellation policy, 11 Main reserves the right to terminate or suspend the Merchant’s account on the 11 Main platform.
Partial refunds to buyers are not currently available.
7. REFERRAL PROGRAM
11 Main will (i) credit a Merchant's 11 Main Payments account $5 for each Referred Customer, and (ii) waive transaction fees for the Merchant's transactions with the Referred Customer during the Free Transaction Period. Other fees, including listing and payment processing fees may still apply; please see our Fees and Billing Policy for details.
"Referred Customer" means a customer (i) whom the Merchant has referred to 11 Main using a link designated by 11 Main, and (ii) who does not already have an account with 11 Main, and (iii) who registers with 11 Main within 30 days of the referral date (the "Referral Period"), and (iv) who makes a purchase on 11 Main during the Referral Period that is not subsequently refunded (an "Eligible Purchase").
The "Free Transaction Period" for any Referred Customer means, subject to amendment of this Agreement, the period following the date the Referred Customer registers with 11 Main. 11 Main will credit the Merchant's account within 60 days of the Referred Customer's first Eligible Purchase.
8. WARRANTIES, DISCLAIMERS
a. PRODUCT QUALITY
Merchant represents and warrants to 11 Main, 11 Main’s curators, members and 11 Main’s customers that all products, unless clearly described otherwise: (a) are free from defects in design, materials and workmanship; (b) are of merchantable quality; (c) conform strictly to any applicable Specifications (defined below) therefore; (d) are fit and sufficient for their intended purposes; (e) do not contain any viruses, Trojan horses, worms, time bombs, malware, or other harmful code or instructions; and (f) are being furnished by the Merchant to the applicable customer, with clear and marketable title, free from all liens, claims and encumbrances. "Specifications" means any and all specifications, drawings, samples, models, diagrams, descriptions, bulletins, engineering sheets or other materials relating to the products provided by the Merchant, and any other requirements for customized products.
b. LEGAL COMPLIANCE
Merchant further represents and warrants that: (i) all products and any other services, content or materials provided by or for the Merchant comply with all applicable domestic, and, to the extent applicable, international laws, rules and regulations, and labeling and disclosure requirements, and do not violate or infringe upon any third-party intellectual property, or other rights or interest of any nature whatsoever; (ii) Merchant has all necessary rights to display, sell, offer for sale and ship products in the Merchant’s shop on the 11 Main platform, (iii) nothing in this Agreement conflicts with any other agreement to which Merchant is bound, (iv) the Merchant will comply with all applicable laws, rules and regulations in the course of performing its obligations under this Agreement, including without limitation FTC mail order rules, and (v) if the Merchant’s performance of its obligations under this Agreement requires a license, the Merchant has obtained that license and the license is in full force and effect.
c. REPAIRED OR REPLACED PRODUCTS
Products repaired or replaced by the Merchant will be subject to all of the provisions of this Agreement and the order in the manner and to the same extent as originally furnished. These warranties will survive acceptance, inspection, delivery and payment, and will inure to the benefit of 11 Main, its successors, assigns and customers. Nothing herein will limit any other warranties, express or implied, available to 11 Main or the applicable customer under applicable law.
To the fullest extent permitted by law, except as otherwise set forth herein, and except for warranties made by the Merchant to customers or 11 Main or both, each party hereby disclaims (for itself and its other suppliers) all other warranties, whether express or implied, oral or written, with respect to the subject matter of this agreement, including, without limitation, all implied warranties of title, non-infringement, quiet enjoyment, integration, merchantability, or fitness for any particular purpose and all warranties arising from any course of dealing, course of performance, or usage of trade. In addition, 11 Main does not warrant or guarantee any results of use, that the 11 Main platform will be uninterrupted or error-free, or that its services offered on, or through the 11 Main platform will result in any sales or profit for the Merchant.
9. TRADEMARK AND CONTENT LICENSE
Merchant grants 11 Main, the rights and licenses (without obligation) worldwide to use, copy, distribute, display, and exploit Merchant’s trademarks, name, nickname, logos, initials, and if applicable, voice, biography, likeness, and images ("Mark(s)"), and content provided or made available by the Merchant associated with the 11 Main platform, the products, products’ documentation, products graphics, artwork, and other marketing materials, for the purposes of marketing and promoting the products, and identifying the Merchant as an 11 Main Merchant, in any media or formats including, without limitation, the 11 Main platform, any news or comment feeds associated with the 11 Main platform, Insider pages, marketing communications (including 11 Main’s and third parties’ emails), banner advertisements, affiliate programs, comparison shopping engines, private label sites of 11 Main and its partners. The Merchant will be responsible for obtaining all third-party rights required to permit 11 Main to have the rights set forth above.
10. TERMINATION SUSPENSION
a. MATERIAL BREACH
11 Main may terminate this Agreement immediately in the event of a material breach by the Merchant. Merchants may terminate this Agreement with 15 days’ prior written notice to 11 Main, in the event of a material breach by the other party of this Agreement that is not cured within such period.
Either party may also terminate this Agreement for convenience upon 30 days’ prior written notice.
c. EFFECTS OF TERMINATION
Upon any termination or expiration of this Agreement, the Merchant will fulfill any outstanding orders unless 11 Main otherwise requests in writing (including electronic communications). Termination of this Agreement or any order for any reason will not affect the obligations of the Merchant with respect to returns, warranty, recalls, and customer service. Suspended or terminated Merchants remain obligated to pay 11 Main for any unpaid fees that have already been accrued.
The following Sections of this Agreement will survive any expiration or termination of this Agreement, or an applicable order: Termination (subsection of Term and Termination), Direct Payment Services, Fees, Refunds and Taxes, Deposits, Recoupment, IRS Regulations, Taxes (subsection of Commissions and Fees), Returns and Transaction Disputes, Disclaimer, Ownership of the 11 Main platform, Indemnification, Insurance (for the period stated therein), Limitation of Liability, Confidentiality, Severability, Governing Law, Waiver, Relationship of the Parties, and Entire Agreement.
Merchant will indemnify, defend, and hold harmless 11 Main, its subsidiaries and affiliated companies, their successors, assigns, Merchants, publishers, curators, Insiders, employees, customers, and users of products, against all damages, expenses, liabilities, claims, suits, demands, costs, attorneys’ fees or losses of every kind, arising out of, or alleged to have arisen out of, or in connection with (i) accidents, occurrences, injuries or losses to or of any person or property, due to or resulting from the products or the Merchant’s negligence; (ii) the design, preparation, manufacture, construction, assembly, completion, packaging, shipping or delivery or non-delivery within the Merchant’s control, use, sale or distribution (other than by 11 Main), and/or recall of products, (iii) the Merchant’s performance or lack of performance of obligations under this Agreement or an applicable order for products; (iv) the Merchant’s breach of any representation, warranty or obligation hereunder; (v) the Merchant’s actual or threatened violation of any law, rule or regulation of any governmental authority or agency (including, but not limited to, any law relating to contamination by, or the actual or threatened release of, any hazardous or toxic substance, waste or pollutant); or (vi) infringement, misappropriation or violation of any third-party right by the Merchant or the products. These indemnification obligations will apply to any and all claims, actual or asserted, by any person or entity, including, without limitation, first party claims asserted by 11 Main against the Merchant. The provisions of this section will survive the acceptance of and payment for the products hereunder and any termination, or expiration of an order for products or this Agreement. This indemnity will not be limited in any manner whatsoever by insurance coverage maintained by Merchant.
b. LIABILITY LIMITS
Except as set forth below in this section, in no event will a party be liable to the other party for any punitive, incidental, indirect or consequential damages of any kind in connection with this Agreement, even if the party who is liable has been informed in advance of the possibility of such damages, and in no event will the liability of either party to the other exceed the amounts paid by 11 Main to Merchant in the 12 months preceding the claim. The foregoing limitations on liability do not apply to a party’s indemnity obligations, confidentiality obligations, or for liability caused by its gross negligence or willful misconduct.
Merchant acknowledges and agrees that 11 Main has no obligation to become involved in, or accept liability for disputes between the Merchant and any customer. The Merchant hereby agrees to release 11 Main (and its officers, directors, agents, affiliates, subsidiaries, successors, insurers, investors, and employees), from all actions, suits, claims, damages (actual and consequential), judgments, levies, executions, liabilities, losses, expenses, and other costs, known or unknown, suspected or unsuspected, actual or contingent, including, without limitation, reasonable attorneys' fees, in any way connected with Merchant's dealings and disputes with one or more customers. The Merchant waives all code provisions that substantially provide: "a general release" does not extend to claims which the creditor does not know, or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
d. ENTIRE AGREEMENT
Merchant will not issue any press release or make any public announcement regarding Merchant’s relationship with 11 Main without 11 Main’s prior written consent.
Updated: April 1, 2016