This Vendor Agreement ("Agreement") is entered into between WhirliGig Unique Boutiques ("WhirliGig", "we", "us") and the vendor ("Vendor", "you") applying to sell products through the WhirliGig marketplace.
1. Commission Structure
Commission rates are determined by vendor type and reflect the additional value provided to brick-and-mortar vendors through local marketing and store locator features:
- Brick-and-Mortar Vendors: 8-10% commission on all sales. Vendors with physical retail locations benefit from lower commission rates, inclusion in our store locator, local event promotion, and priority placement in regional gift guides.
- Digital-Only Vendors: 12-15% commission on all sales. Vendors without physical locations receive full marketplace benefits including professional shop pages, maker spotlights, social media promotion, and email marketing campaigns.
Your specific commission rate will be confirmed upon approval and displayed in your vendor portal dashboard. Commission is calculated on the product sale price and does not include shipping fees charged to customers.
2. Payment Terms
Payouts are processed weekly via Stripe Connect on Mondays for all sales completed the previous week (Monday through Sunday). Funds typically arrive in your designated bank account 2-3 business days after processing.
You will receive detailed payout reports showing:
- Individual order details and sale amounts
- Commission deducted per order
- Net payout amount
- Payment processing fees (if applicable)
To receive payouts, you must complete Stripe Connect onboarding and provide valid banking information. WhirliGig is not responsible for delays caused by incorrect banking information or Stripe account issues.
3. Product Quality Standards
WhirliGig maintains a curated marketplace focused on quality over quantity. All products must meet the following standards:
- Handmade/Artisan Quality: Products must be handcrafted, handmade, or artisan-quality goods. Mass-produced items are not permitted.
- Original Designs: Products must be your original designs or made from your own patterns/templates. Reproductions of others' work are prohibited.
- No Drop-Shipping: You must physically create, handle, and ship all products yourself. Drop-shipping and print-on-demand services are not allowed.
- Quality Craftsmanship: Products must be well-made, durable, and free from defects. We reserve the right to request samples for quality review.
- Accurate Representation: Product photos and descriptions must accurately represent the item. Misleading listings will be removed.
4. Prohibited Items
The following items are strictly prohibited from sale on WhirliGig:
- Weapons, firearms, or items designed to cause harm
- Hazardous materials, flammable liquids, or dangerous chemicals
- Illegal items or items that violate local, state, or federal laws
- Items that infringe on intellectual property rights (copyrights, trademarks, patents)
- Counterfeit or replica designer goods
- Adult content or sexually explicit items
- Live animals or animal products from endangered species
- Prescription medications or controlled substances
WhirliGig reserves the right to remove any product deemed inappropriate or inconsistent with our brand values.
5. Intellectual Property Requirements
You represent and warrant that:
- You own all rights to the products you list, including design rights and trademarks
- Your products do not infringe on any third-party intellectual property rights
- You have the right to use any images, text, or other content in your listings
- You will indemnify WhirliGig against any claims of intellectual property infringement
6. Shipping Requirements
Vendors are responsible for shipping all orders directly to customers. You agree to:
- Ship Within 3 Business Days: Process and ship orders within 3 business days of receiving notification (excluding weekends and holidays).
- Provide Tracking Information: Upload tracking numbers to the vendor portal for all shipments. Customers will be automatically notified.
- Use Appropriate Packaging: Package items securely to prevent damage during transit. Include business cards or thank-you notes when possible.
- Charge Reasonable Shipping: Shipping fees should reflect actual costs. Excessive shipping charges are prohibited.
- Eco-Friendly Materials Encouraged: We encourage the use of recycled, recyclable, or biodegradable packaging materials.
7. Returns & Refunds Policy
WhirliGig maintains a 30-day return policy for customer satisfaction:
- Customers may return items within 30 days of delivery for a full refund if the item is defective, damaged, or significantly different from the listing description.
- Vendors are responsible for return shipping costs on defective or misrepresented items.
- Customers are responsible for return shipping costs on items returned due to buyer's remorse or change of mind (unless vendor offers free returns).
- Refunds are processed within 5 business days of receiving the returned item in its original condition.
- Custom or personalized items may be exempt from returns unless defective. This must be clearly stated in the product listing.
8. Quality Assurance & Product Removal
WhirliGig reserves the right to:
- Review and approve products before they appear in the marketplace
- Request product samples for quality verification
- Remove products that do not meet quality standards
- Remove products with excessive customer complaints or returns
- Suspend or terminate vendor accounts for repeated quality issues
We will make reasonable efforts to notify you before removing products, but reserve the right to act immediately if necessary to protect customers or our brand reputation.
9. Customer Service Expectations
Vendors are expected to provide excellent customer service:
- Respond to customer inquiries within 24 hours (1 business day)
- Maintain a professional and courteous tone in all communications
- Resolve customer issues promptly and fairly
- Honor the 30-day return policy without argument
- Work collaboratively with WhirliGig staff to resolve disputes
10. Marketing & Promotion
By joining WhirliGig, you grant us permission to:
- Feature your products in marketing materials, social media posts, and email campaigns
- Use your maker story and photos in maker spotlights and promotional content
- Include your shop in gift guides, seasonal promotions, and curated collections
- Display your physical store location (for brick-and-mortar vendors) in our store locator
You retain all rights to your intellectual property. We will credit you appropriately in all promotional materials.
11. Termination
Either party may terminate this Agreement with 30 days written notice. Upon termination:
- Your shop and products will be removed from the marketplace
- You must fulfill any pending orders
- Final payout will be processed for all completed sales
- You may not use WhirliGig branding or claim affiliation after termination
WhirliGig may terminate this Agreement immediately (without notice) if you:
- Violate any terms of this Agreement
- Engage in fraudulent activity
- Receive excessive customer complaints
- Fail to ship orders or provide adequate customer service
- List prohibited items or infringe on intellectual property rights
12. Limitation of Liability
WhirliGig provides the marketplace platform but is not responsible for:
- Product quality, safety, or legality
- Shipping delays or lost packages
- Customer disputes or chargebacks
- Technical issues that temporarily prevent sales
- Changes in payment processing fees or policies
Vendors are independent contractors, not employees of WhirliGig. You are responsible for your own taxes, insurance, and business licenses.
13. Modifications to Agreement
WhirliGig reserves the right to modify this Agreement at any time. Vendors will be notified of significant changes via email. Continued use of the marketplace after changes constitutes acceptance of the modified Agreement.
14. Governing Law
This Agreement is governed by the laws of the State of Oregon. Any disputes will be resolved through binding arbitration in Portland, Oregon.
By submitting a vendor application, you acknowledge that you have read, understood, and agree to be bound by this Vendor Agreement. If you have questions about any terms, please contact us at [email protected] before applying.