Hubba Supplemental Terms and Conditions of Service

Hubba Supplemental Terms and Conditions

For Wholesale Buyers and Sellers

Version 1.1
Effective Date: April 18, 2018
Last Updated Date: April 18, 2018

These Supplemental Terms and Conditions of Service for Wholesale Buyers and Sellers on the hubba.com website (“Supplemental Terms“) govern use by you of the website and Services for the sale and purchase of wholesale goods. These Supplemental Terms are in addition to the Hubba Terms & Conditions, the Hubba Privacy Policy and any other documents incorporated into any of those documents by reference (collectively, the “Agreement”). For the avoidance of doubt, these Supplemental Terms shall govern in respect of any conflicting terms of the other documents referenced above.

IMPORTANT: TO PARTICIPATE AS A BUYER OR SELLER OF WHOLESALE GOODS ON HUBBA YOU MUST BE LOCATED IN THE UNITED STATES.

PLEASE NOTE THAT THESE SUPPLEMENTAL TERMS CONTAIN IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES SO YOU SHOULD READ IT CAREFULLY BEFORE SUBMITTING A BID. EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY SUBMITTING A BID THROUGH THE PLATFORM, YOU AGREE TO THE TERMS HEREOF. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY YOU REPRESENT AND WARRANT THAT: (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES.

I. GENERAL WHOLESALE SERVICE TERMS

  1. Qualifying for Hubba Wholesale. Any user interested in either buying or selling products on the Hubba marketplace must provide the information required by Hubba prior to Hubba approving that user to join the marketplace. In the case of Sellers, this includes, but is not limited to business, banking, and personal information and in the case of Buyers, this includes, but is not limited to business, payment, and personal information. By submitting this information to Hubba, you represent and warrant that such information is true and accurate and you acknowledge and agree that Hubba and its agents can use such information for background checks and identity verification purposes. Hubba reserves the right to approve or reject any application to join Hubba and to refuse service to anyone, for any reason, at any time.
  2. User Accounts. Hubba reserves the right to review, restrict, suspend or terminate a user’s account at any time without explanation or notice. Hubba reserves the right to remove content which is deemed to be inappropriate, damaging, harmful or illegal. Users are prohibited from sharing accounts or using another user’s account without permission. Violation of this policy will result in an investigation by Hubba, and possibly lead to the termination of the user account or other corrective actions deemed appropriate by Hubba.
  3. Transactions Between Buyers and Sellers on Hubba
    1. The transaction between Buyer and Seller shall be considered a legally binding contract for the sale of goods between those two parties once an order is placed after the parties have agreed to commercial and business terms, including, but not limited to, payment terms (eg. Net 30; immediately) and Buyer has agreed to the terms of the Seller’s Wholesale Policies (see further Section III (3)), delivery terms, refund policies, product warranties and other sale-related terms. Both parties are expected to fulfill the agreed arrangement for the sale and purchase of goods.
    2. Hubba shall not be held liable, nor will Hubba be required to mediate or adjudicate the transaction or any resulting conflict between the two parties. The Seller is responsible for the safe delivery of the sale item(s). The Buyer is responsible for paying for items purchased and will be held to both (a) the wholesale policies set forth by the Seller on their Hubba profile and (b) the terms of this Agreement. In the event of any conflict between the terms of Seller’s wholesale policies and the terms of the Hubba Agreement, the Hubba Agreement will govern and supersede the Seller’s.
    3. Users who engage in buying and/or selling should be aware and assume the risks of using a website or the internet to complete commerce transactions. Users should be aware of other users operating under false pretense, misrepresentation, and with the intent to commit fraud.
    4. While Hubba takes measures to check the identity and validity of users who sign up electronically to use the site, we cannot and do not confirm the identity of all parties who use the Hubba service. Buyers and Sellers are responsible for their own due diligence of parties that they decide to engage in business with and we encourage users to contact Hubba to report any and all suspicious behavior or misappropriation of the site service.
    5. Hubba does not control the content posted by users. If you find content presented by users that you deem inaccurate, offensive, harmful, or derogatory, you may contact us viasupport@hubba.com, see also our Copyright Notice under Hubba’s Terms & Conditions. Hubba provides an open community and embraces the free speech of users on the site within the limitations set forth and decisions made by Hubba staff.
    6. You agree that your use of Hubba will not involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by Canadian or US government agencies.

4. Prohibited Items.

Hubba may not be used to sell or purchase any of the following classes of goods or services:

  • Firearms
  • Explosives
  • Dangerous chemicals
  • Any item that which in whole or in part is subject to a recall
  • Stolen items
  • Fireworks
  • Explicit adult material, erotica, or pornography inclusive of any material unsuitable for children under the age of 18
  • Drugs (illicit or medical)
  • Alcohol
  • Tobacco
  • Mass produced electronics
  • Protected antiquities
  • Real estate
  • Ivory or animal products from endangered species collected illegally
  • Motor vehicles, or parts for motor vehicles or recreational vehicles
  • Items that violates Terms of Service or Terms of Use
  • Any item or service that violates applicable local, state, federal, or international law in regard to manufacturing, distributing, advertising, or transporting said item
  • Items not in your possession or items you don’t intend to deliver
  • Illegal, counterfeit or contraband items of any sort
  • Items, materials or products that are copyrighted, trademarked or patented by another party
  • Pirated materials
  • Replica items, including designer or vintage items
  • Personal data or information
  • Items or products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transactional information of any sort
  • Misrepresented items or products
  • Harmful, harassing, intimidating or defamatory materials, products or items
  • Hazardous materials, products, or items
  • Prostitution or other similar services
  • Any product or service that Hubba.com determines to be inappropriate, harmful, fraudulent, or illegal

5. Taxes

  1. As a business owner, or authorized representative of a business, you are responsible for interpreting and correctly applying tax laws in your local jurisdiction (city, county and state or other tax region). Hubba cannot provide and nothing we communicate should be interpreted as providing legal or tax advice.
  2. Collection of appropriate taxes and remittance to appropriate authorities within the regulations and laws of a Seller’s local jurisdiction remains the sole responsibility and liability of the Seller. Hubba does not collect or make tax payments or remittances on any Seller or Buyer’s behalf. It is the sole responsibility of the Seller and Buyer to request, inspect and confirm any documents required for taxes or tax exemptions.
  3. By using the Hubba platform you agree that Hubba is not responsible for determining taxation applicable to your business and that you will ensure all proper taxes are remitted to the respective tax authorities.

6. Feedback:

Mechanisms may be provided by Hubba that allow Buyers and Sellers to rate their order and/or experience with a particular transaction or the other party. Feedback gathered by Hubba concerning Hubba transactions may be made publicly available. Your feedback must be honest and true and you must not engage in trade libel, defamation or unwarranted disparagement of another user.

7. Communication:

You agree to allow the other party to a transaction and Hubba to contact you via phone, email or Hubba’s messaging tool regarding orders you place. Buyers and Sellers that do not respond to inquiries from Hubba within seven (7) calendar days may result in order cancellation and in the suspension or termination of your account.

8. Disputes

  1. If you find yourself in a dispute with a Buyer or Seller, we encourage you to first contact the other party and try to resolve the dispute amicably.
  2. Support Team. Buyers and Sellers who are unable to resolve a dispute related to a transaction on Hubba may contact our support team at support@hubba.com. Hubba will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Hubba has no obligation to resolve any disputes.
  3. Release of Hubba. You release Hubba from any claims, demands, and damages arising out of disputes with other users or parties. Hubba will be considered free of any and all claims, damages or demands created by the dispute. While we try and maintain a safe, free trade environment, Hubba has no obligation to mitigate or resolve disputes between users and other parties.

II. HUBBA WHOLESALE BUYER POLICY

As a Buyer wishing to place wholesale orders and purchasing products from Sellers on Hubba you agree to the following terms:

1. General

  1. You represent and warrant that you represent a retail business and have the authority to enter into agreements on behalf of that business.
  2. You acknowledge that as a Buyer you may be featured in Hubba promotional campaigns from time to time.

2. Business & Contact Information:

Buyers agree to keep their business, contact and payment information up to date on the Website. It is your sole responsibility to ensure that your information is correct prior to placing any order on Hubba.

3. Payments

  1. You agree and accept all Terms & Conditions of our Payments Policy.
  2. You represent and warrant that you have purchasing authority of the payment method on file.
  3. If immediate payment terms are agreed upon with a Seller, your provided payment method on file will be charged immediately for the total invoice amount when the Seller enters the valid shipment tracking code on Hubba.
  4. If Net 30 payment terms are agreed upon with a Seller, your provided payment method on file will be charged for the total invoice amount 30 calendar days after the Seller enters the valid shipment tracking code on Hubba.
  5. At the time your payment method on file is to be charged, you must ensure that you will have the necessary funds and/or credit space available to pay for the total invoice amount. Non-payment or late payment may result in the suspension or termination of your account and subject you to other collection mechanisms and administrative fees.

4. Transactions / Fee Avoidance:

All orders on Hubba must be placed through the Hubba purchase order system. Hubba does not charge Buyers for using Hubba or Hubba’s wholesale marketplace; Buyers are only responsible for the payment of goods (and any associated shipping fees, taxes, or duties) agreed between them and Sellers. Introductions that are through Hubba, but ultimately result in an order being fulfilled outside of Hubba, is considered fee avoidance. You agree not to use Hubba or Hubba’s features or tools to direct transactions off Hubba, or to circumvent or manipulate our fee structure, the billing process, or fees owed to Hubba in any way. Fee avoidance may result in the suspension or termination of your account and subject you to other collection mechanisms and administrative fees.

5. Product Listings:

Although we have a prohibited items list and content rules in the general Terms and Conditions of Service, Hubba does not vet or approve Content posted on the Services and Hubba is not responsible for the accuracy, copyright, compliance, or decency of any product or content posted by Sellers and you release Hubba from any liability related to such fact. It is the responsibility of the Buyer to conduct the necessary diligence on the Seller and listed products prior to placing an order.

6. Order Processing

  1. Hubba will provide Buyer Account holders order information and an invoice for each order placed through the Website.
  2. You agree to accurately and faithfully update the status of orders through the Hubba purchase order system following the receipt of an order (for example, as “Received – As Described” or “Received – Not As Described”). A Hubba employee may also follow-up with the Buyer by phone or email to confirm satisfactory receipt of ordered products. If a Buyer fails to confirm satisfactory receipt of products within seven (7) days of receiving their order, you will be deemed to have accepted the products and order fulfilment.

7. Shipping and Handling

  1. Seller Account holders are required to process and ship orders in a reasonable and timely manner. This includes adequately packaging orders so that they arrive undamaged, including an order specific packing slip, and shipping an order within a maximum of fourteen (14) calendar days from the date of accepting the order, unless agreed to differently by both parties within the Hubba messaging system. All orders must be shipped via FedEx, UPS, USPS, DHL, or other Hubba supported carrier. Orders that are not fulfilled within the timeframe are subject to cancellation by Hubba or the Buyer.
  2. All shipments between Seller and Buyer must include a valid shipment tracking code. Failure to do so will limit Hubba’s ability to support a Seller’s or Buyer’s concerns in the event of a dispute. Furthermore, a Buyer’s provided payment method on file, per the payment terms (immediate or Net 30), is charged upon the provision of a valid shipment tracking code.
  3. Flat-rate US ground shipping rates must be set by Seller for each product listing listed for sale on Hubba based on the dollar amount set to ship one case of each individual product. Shipping and handling costs cannot exceed 20% of the total order value.

8. Inventory/Over Selling:

Hubba does not guarantee or verify available inventory. Sellers are responsible for managing inventory and ensuring that overselling is minimized. Consistent overselling will be cause for account status review by Hubba and may result in the suspension or termination of the Sellers’ account.

9. Refunds/Returns:

Any refunds or returns requested by the Buyer must be handled by contacting the Seller directly and will be in accordance with the Seller’s wholesale policies as listed on their Hubba profile at the time the order was placed. See “Disputes” in Section 8 of the General Terms above.

10. Cancellations:

An order can be cancelled any time before the order is accepted and shipped by the Seller ( determined by the existence of a valid shipment tracking code) unless agreed differently between Buyer and Seller within the Hubba messaging system. Frequent cancellations may be cause for suspension or cancellation of your account. Please check your orders carefully before submitting.

 

III. HUBBA WHOLESALE SELLER POLICY

As a Seller wishing to offer products for sale to Buyers on Hubba you agree to the following terms:

1. General

  1. Sellers may only list products and conduct sales transactions for items and brands that they are legally permitted to sell. Any item that does not meet this criterion, if it comes to Hubba’s notice, will be removed at Hubba’s discretion and the user’s account will be evaluated for possible suspension or termination.
  2. The suggested retail price (MSRP) of any products listed for sale on Hubba must match the current retail prices on your own website. This allows us to comply with industry standards and meet the expectations of our retailer community.
  3. You represent and warrant that you have legal authority to resell products of a product manufacturing business and have the authority to enter into agreements on behalf of that business as an agent or reseller.
  4. You acknowledge that as a Seller on Hubba, you and/or your products may be featured in Hubba promotional campaigns from time to time.
  5. Access to a Seller account and Seller functions requires a variety of information, including verified bank account and contact information. Seller account services requires agreement to the fees and billing policy outlined below and in our Payment Policy.

2. Business & Contact Information:

Sellers agree to keep their business, contact, product listing information and Wholesale Policies up to date and to make any changes within three (3) business days. It is Seller’s sole responsibility to ensure your information is correct prior to accepting any order on Hubba.

3. Seller Policies:

As part of the onboarding process to accept orders, Hubba requires Sellers to upload their business policies, relating to, but not limited to, shipping, returns, and minimum advertised price (MAP) (” Seller’s Wholesale Policies“). These policies will be made available to prospective Buyers and must be agreed by Buyers prior to any order for the applicable products being placed. Any changes to Seller’s Wholesale Policies will not apply to any orders placed prior to Seller updating its Wholesale Policies on Hubba. Sellers must keep the Seller Wholesale Policies up to date on their Hubba profile. In the event of missing information, vagueness or conflict in the Seller’s Wholesale Policies with the terms of this Agreement, the terms of this Agreement shall govern.

4. Fees

  1. Hubba Commission – Orders in any way originating on Hubba and/or executed through Hubba will incur a 10.0% transaction fee on the net order value (total order value less any taxes, duties, shipping costs, and less any promotions or discounts provided to you by Hubba) paid to Hubba.
  2. Payment Processing – You will also incur a payment processing fee of 2.9% + US$0.30 per transaction on the total order value (including taxes, duties, and shipping costs) that may be charged to the Seller by Hubba’s payment processor (see Payments Policy for further details).
  3. Transaction and processing fees will appear separately on your Hubba invoice and will be automatically subtracted from the amount released by Hubba to the Seller’s bank account on file (see “Hubba Payment to Seller” below for further details).

5. Hubba Payment to Seller

  1. You agree and accept all Terms & Conditions of our Payments Policy.
  2. If immediate payment terms are agreed upon with Buyer, Hubba will release the total order value (less applicable fees) to the Seller’s bank account on file, as early as two (2) business days, once the following conditions are met:
    1. The Seller has entered the valid shipment tracking code for the order on Hubba.
    2. Hubba has received payment for the full order from the Buyer.
  3. If Net 30 payment terms are agreed upon with Buyer, Hubba will release the total order value (less applicable fees) to the Seller’s bank account on file, as early as two (2) business days, once the following conditions are met:
    1. The Seller has entered the valid shipment tracking code for the order on Hubba.
    2. 30 calendar days have passed since the Seller entered the valid shipment tracking code for the order on Hubba.
    3. Hubba has received payment for the full order from the Buyer.
  4. Hubba has the right to withhold releasing funds to the Seller for longer than two (2) business days to perform security checks for the benefit of the Buyer and Seller, if Hubba has any reason to believe that either the Buyer or Seller may have violated anything within these Terms & Conditions or our Terms of Service.

6. Chargebacks:

If a Buyer issues a chargeback through their credit or debit card company because their order was “Received – Not as Described”, Hubba reserves the right to recoup any funds associated with the order from the Seller. Before doing so, Hubba will reasonably attempt to contact the Seller to resolve the issue. The following are some examples of “Received – Not as Described” scenarios:

  • The item(s) received is a different color, model, version, or size.
  • The item has a different design or material.
  • The Seller failed to disclose the fact that an item is damaged or is missing parts.
  • Buyer did not receive the number of items as listed on the order.
  • The condition of the item is misrepresented.

7.Transactions / Fee Avoidance:

Introductions that are through Hubba, but ultimately result in an order being fulfilled outside of Hubba, is considered fee avoidance. You agree not to use Hubba’s features or tools to direct transactions off Hubba, or to circumvent or manipulate our fee structure, the billing process, or fees owed to Hubba in any way. Completing Hubba orders or transactions outside the Hubba purchase order system is considered fee avoidance and may result in the suspension or termination of your account and subject you to other collection mechanisms. All orders on Hubba must be placed through the Hubba transaction order system.

8. Misrepresentation:

The Seller of an item(s) must guarantee the condition of the goods and may not misrepresent the goods to be sold in any way. Violation of this policy will result in an investigation by Hubba, and possibly lead to the termination of the user account or other corrective actions deemed appropriate by Hubba.

9. Product Listings

  1. Sellers must provide, in an acceptable format, accurate and complete product information for each product listed in the Hubba marketplace as required by Hubba. Hubba is not responsible for the accuracy, copyright, compliance, or decency of any product or content posted by Sellers and you release Hubba from any liability related to such fact.
  2. By accessing and using Hubba, Sellers warrant that the products that are offered for sale are described accurately and completely. An individual listing may only offer for sale one unique item or set of items; products cannot be combined into listings to avoid fees.
  3. If we receive notice that your products or activity violates a third party’s service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include cancelling a transaction, disabling product listings, suspending your selling privileges or terminating your account.

10. Order Processing

  1. Hubba will provide Seller Account holders the order information for each sale of their products through the site. Seller Account Holders must accept / reject any orders within seven (7) calendar days, begin processing accepted orders within 24 hours and ship the full accepted order within fourteen (14) calendar days of the original order’s accepted transaction date unless otherwise instructed by Hubba or agreed upon between Buyer and Seller in writing within the Hubba messaging system.
  2. A Buyer can cancel an order at any time until the Seller has entered a valid shipment tracking code on Hubba. Orders that are not accepted or fulfilled within the timeframe are subject to cancellation by Hubba or the Buyer. Seller Account Holders are expected to outline shipping time frames and process on their wholesale policies page on the Hubba platform.
  3. You agree to accurately and faithfully update the status of orders through the Hubba purchase order system (for example, as “Shipped”). Failure to do so is considered fee avoidance and may result in the suspension or termination of your account and subject you to other collection mechanisms.

11. Shipping and Handling

  1. Seller Account holders will process and ship orders in a reasonable and timely manner. This includes adequately packaging orders so that they arrive undamaged, including an order specific packing slip, and shipping an order within the aforementioned order processing timeframe. All orders must be shipped via FedEx, UPS, USPS, DHL, or other Hubba supported carrier.
  2. All shipments must include a valid shipment tracking code. Failure to do so will limit Hubba’s ability to support a Seller’s or Buyer’s concerns in the event of a dispute. Furthermore, a Buyer’s provided payment method on file, per the payment terms (immediate or Net 30), is charged upon the provision of a valid shipment tracking code.
  3. Flat-rate US ground shipping rates must be set for each product listing listed for sale on Hubba based on the dollar amount set to ship one case of each individual product. Shipping and handling costs cannot exceed 20% of the total order value.

12. Inventory/Over Selling:

Seller Account Holders are responsible for managing inventory and ensuring that overselling is minimized. Consistent overselling will be cause for account status review by Hubba and may result in the suspension or termination of your account.

13. Cancellations:

An order can be canceled any time before the order is accepted and shipped by the Seller (determined by the existence of a valid shipment tracking code) unless agreed differently between Buyer and Sellerwithin the Hubba messaging system. Frequent cancellations may be cause for suspension or cancellation of your account.

14. Refunds/Returns:

Any refunds or returns requested by the Buyer must be handled by contacting the Seller directly. Sellers are expected to outline return process and details on their wholesale policies page on the Hubba platform. See “Disputes” in Section 8 of the General Wholesale Service Terms above for further details.