Seller Agreement

1. Who can sell

• You must be at least 18 and live in the United States, or be a business registered in the United States.
• You can sell as a business (a company, LLC, partnership or registered sole proprietorship) or as an individual under your own name. You don't need an LLC or a business registration to sell on Giftyy, except where section 5 says so. You are responsible for any licence, permit or registration your city, county or state requires for what you sell and how you make it.
• You must tell us truthfully whether you sell as a business or as an individual, and keep your details (name, email, phone, address) up to date.
• One shop per person. You may not open a shop for someone else or let someone else use yours. You may give your own team members access through Giftyy's team tools, and you are responsible for what they do.

2. Approval and your shop

• Every new shop is reviewed by Giftyy before it becomes visible to buyers. We may approve or decline any application at our discretion.
• We may review any product before or after it is shown to buyers. Approval is not a certification that a product is safe or legal; that stays your responsibility.
• We may pause your shop, hide a product or close your shop at any time if we believe you broke this Agreement or the law, or put buyers or recipients at risk. When we can, we will tell you why and give you a chance to fix it.

3. Payments and identity checks

• You are paid through Stripe Connect. You must complete Stripe's onboarding, including identity verification, and accept the Stripe Connected Account Agreement. Stripe may ask for your name, date of birth, address, Social Security Number or Employer Identification Number, and a bank account.
• We don't pay out until Stripe has verified your account. Money for orders you fulfil before that is held and paid once verification is complete.

4. Listing products

• Your listings must be accurate: title, description, photos, price, options, stock and how long the item takes to ship or prepare. Don't list items you don't have or can't provide in time.
• You own the content you upload, or have the right to use it. You give Giftyy a non-exclusive, royalty-free, worldwide licence to use, copy, edit, translate and show that content to run and promote Giftyy, including in its gifting assistant, search, emails and ads. The licence ends when you remove the content, except for copies already in use (for example, in past orders or messages).
• Giftyy's assistant may describe, summarise, tag and recommend your products. We may edit titles, descriptions and tags to make them clearer, but won't change your price or make claims about your product that you haven't made.
• You set your prices. The price you set is what the buyer pays for the product, before shipping and tax.

5. What you may not sell

You may not sell:

• Homemade food of any kind (baked goods, candy, jams, sauces, drinks).
• Food and drinks made to order, unless you are a local shop selling as a business, with the licences and permits your area requires. Packaged gourmet food must come from a licensed commercial producer.
• Alcohol, tobacco and vaping products, cannabis and CBD products, vitamins and dietary supplements, drugs and medical supplies or devices.
• Weapons, ammunition, fireworks and explosives, and hazardous materials that carriers restrict.
• Live animals, and plants that can't legally cross state lines.
• Counterfeit items, or items that infringe someone else's trademark, copyright or other rights.
• Recalled products, and anything illegal to sell or ship in the United States or in the recipient's state.
• Sexually explicit content, or items that promote hate, violence or discrimination.
• Gift cards, vouchers, cash equivalents, or services that aren't a physical gift.

If you sell these, you must also meet the rules that apply to them:

• Children's products (toys, baby items, children's clothing, anything mainly for children 12 and under): a Children's Product Certificate based on testing by a CPSC-accepted lab where the law requires one, and the required tracking labels.
• Cosmetics and personal care (soap, lotion, balm, bath products): labeled as the FDA requires, with no banned ingredients.
• Candles and other products with fire risk: the required safety warnings.

We may update these lists, and may hold a category or product for review before buyers see it. If an update affects a product you already list, we will tell you before hiding it, unless it's unsafe or illegal.

6. Orders, Giftyy Cards and handing over gifts

• You receive each order in your Giftyy seller dashboard, on the web and in the app, with a ship-by date or a pickup time. Fulfil it by then, or tell us right away by reporting a problem on the order.
• Pack each gift as a gift: never include the price or a receipt, and don't add your own marketing material other than a simple thank-you card.
• Every gift must include a Giftyy Card. Giftyy sends you card packs. Link a card to the order before you ship or hand over the gift. You can't complete an order without one.
• Shipping: add tracking for every shipment. You are responsible for the item until the carrier confirms delivery. You may ship only to the areas you set up.
• Pickup: hand a gift over only after the recipient's Giftyy code checks out. If you are out of the item, the recipient may choose something else from your shop at the same price or less. If a recipient books a time and doesn't come, you keep the payment.
• If you can't fulfil an order, we may cancel it, refund the buyer, or offer another item.

7. Money: commission, payouts, refunds

• Commission. Giftyy keeps a commission on the price of the products you sell. It is not charged on shipping or sales tax. The current rate is shown in your dashboard. We will give you at least 14 days' notice by email before we raise it.
• Payouts. For each order we pay you the product price, minus the commission, plus the shipping you charged. Payouts go to your Stripe account a set number of business days after delivery, shown in your dashboard. Delivery means the carrier confirms delivery or the recipient opens the gift in Giftyy, whichever comes first.
• Refunds before fulfilment. If an order is cancelled before you ship it or hand it over, the buyer is refunded and you aren't paid for it.
• Refunds afterwards. If the buyer is refunded because of something within your control (the item was late, wrong, damaged by poor packing, not as described, or never sent), we may hold or reverse the payout or take the amount from your next payouts. If the refund isn't your fault (for example, the carrier lost a correctly shipped package), you keep your payout.
• Chargebacks. If a buyer disputes a charge and the dispute is about your product or shipping, we may recover the amount and the dispute fee in the same way.
• If your Giftyy balance is negative, you agree to pay it, and we may recover it from future payouts or charge the bank account linked to your Stripe account.

8. Taxes

• Giftyy is the marketplace facilitator. We calculate, collect and pay sales tax on your Giftyy sales in the states where the law requires us to. Don't add sales tax to your prices.
• You are responsible for your own income tax and any other taxes on your business. Giftyy (through Stripe) will issue you a Form 1099-K where the law requires one, and may share your sales information with tax authorities as the law requires.

9. High-volume sellers (INFORM Consumers Act)

If you make 200 or more sales and $5,000 or more in gross revenue on Giftyy in any 12-month period:

• You must give us, and keep current, your bank account, tax ID, a working email address and phone number, and if you are a business, a copy of a government-issued ID for a representative and your business name.
• You must confirm those details at least once a year when we ask. If you don't respond within 10 days, we will pause your shop until you do.
• If your Giftyy sales reach $20,000 or more in a year, the law requires us to show buyers your name, physical address and contact details. If you sell as an individual without a separate business address, we may show only your state and country, and a way to contact you through Giftyy.

10. Buyers' and recipients' information

• For each order you receive only what you need to fulfil it: the recipient's name and, for a delivery, their address, plus any choices or message for the item. Gifts are anonymous to you: we don't tell you who sent them.
• You may use this information only to fulfil that order. You may not contact buyers or recipients for marketing, add them to a mailing list, sell or share their information, or keep it longer than you need to handle the order, returns and your legal obligations.
• Keep it secure. Tell us within 72 hours if you learn it was accessed by someone who shouldn't have it.
• Reaction videos and replies from recipients are shared with you or shown on your shop only if that person agreed, and they can withdraw that agreement.

11. Conduct

• Don't try to move a sale off Giftyy, or ask buyers or recipients to pay you directly.
• Don't post fake reviews, rate your own products, or manipulate search.
• Be honest and respectful in any message to buyers, recipients or Giftyy.

12. Product safety and your responsibility

• You are the seller of your products. You are responsible for their quality, safety, labeling and legality, and for following all laws that apply to making, selling and shipping them (including consumer product safety, food safety, labeling and state laws).
• If a product you sold is recalled or found to be unsafe, you must tell us right away and help us contact the people affected.
• We recommend product liability insurance. We may require it for some categories or once your sales reach a certain amount.

13. Indemnity

You agree to defend, indemnify and hold harmless Giftyy, its officers, employees and agents from any claims, losses, damages, fines, penalties and costs (including reasonable lawyers' fees) arising from: (a) your products, including injury or damage they cause; (b) your listings and content; (c) your breach of this Agreement or of any law; or (d) taxes you are responsible for.

14. Limitation of liability

Giftyy provides the marketplace “as is”. To the extent the law allows, Giftyy is not liable for indirect, incidental or consequential damages or lost profits, and Giftyy's total liability to you under this Agreement is limited to the commission Giftyy earned from your sales in the 12 months before the claim.

15. Ending this Agreement

• You can close your shop at any time by writing to info@giftyy.store. Orders already placed must still be fulfilled or cancelled through Giftyy.
• We can end this Agreement or close your shop as described in section 2.
• Sections 7 (money owed), 8, 10, 12, 13, 14 and 16 continue after the Agreement ends.

16. Changes and general terms

• We may update this Agreement. We will tell you by email and in your dashboard at least 14 days before a material change takes effect, and ask you to accept the new version. If you don't accept, you may close your shop; you can't keep selling under the old version.
• This Agreement is governed by the laws of the State of Delaware, and disputes are handled as described in the Giftyy Terms of Service.
• You are an independent seller, not an employee, partner or agent of Giftyy.
• Questions: info@giftyy.store.