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TERMS AND CONDITIONS
Welcome to Surprise Factor. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules.
1. Accepting These Terms
The Terms are a legally binding contract between you and Surprise Factor LLC. Please note that Section 11. Disputes with Surprise Factor, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. *
This contract sets out your rights and responsibilities when you use Surprise Factor.com. If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, read on!
2. Those Other Documents We Mentioned
Surprise Factor’s Services connect people around the world, to sell and buy unique goods and gifts. Surprise Factor is a Digital platform that brings together buyers and sellers, and serves as an intermediary, but is never responsible for the actions of the buyer or seller on the web.
Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you.
Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you.
Surprise Factor is a marketplace where you can sell your handmade goods, gifts, and services directly to buyers around the world. We want to make sure that you and your buyers have a positive experience on Surprise Factor. Please read on to find out more about your rights, as well as what is expected of you, as a seller.
a. What can be sold on Surprise Factor
b. What can’t be sold on Surprise Factor
c. Managing your Surprise Factor shop
d. Seller Standards
e. Selling Fees
Being a Member of the Surprise Factor Community
a. Creating and Uploading Content
b. Privacy and Protecting Personal Information
c. Communication Standards
iii. Communicating Cancellations
Payments and fees
a.Types of Fees
b. Fee Avoidance
c. Surprise Factor Payments
e. Surprise Factor Gift Cards, Surprise Factor Credits, and Surprise Factor Coupons
Feedback, Cases, and Your Success
b. Surprise Factor’s Case System
c. Your Seller Account and Surprise Factor’s Terms
d. Surprise Factor’s Purchase Protection Program for Sellers
1. Selling Basics
Keeping in mind these basic requirements will set you up for success on Surprise Factor.
a. What can be sold on Surprise Factor
Surprise Factor is a unique marketplace where you can find all that you need to surprise and give gifts to others. We truly believe that all that you give away always return in many different ways and fulfill our lives. Buyers come here to purchase gifts and giveaway moments. You can find special products to surprise your loved ones.
We have makers — sellers who are literally making their items with their own hands. Other than sell products. We value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business. As a seller, you agree to:
If you sell handmade items, you agree that:
All handmade items are made or designed by you. If you work with a production partner, you must disclose that production partner in your relevant listings.
You are using your own photographs or video content —not stock photos, artistic renderings, or photos used by other sellers or sites. Read more about using appropriate photographs in this Help article.
All listings are available for purchase at a set price.
If you sell food products, and someone requesting the product and have a food allergy or intolerance, you must have the obligation to put all the information in Surprise Factor website, and write in the “Allergies, Intolerances and Cooked Instructions” section, in the Application, and in the “Special Instructions” section on the Website, what is related to said food allergy or intolerance.
Based on this, Surprise Factor is totally exempt from any responsibility in relation to allergies or food intolerances, or other special conditions of users.
In the case of orders through the Platform for packaged products of a certain brand, the Client will be able to verify the composition of the product in question on the brand’s website, leaving Surprise Factor totally exempt from liability in the event of allergies and food intolerances, or other special conditions of the user.
b. What Can’t be Sold on Surprise Factor
Even if they otherwise meet our marketplace criteria, prohibited items, services, and items that violate our intellectual property policies are not allowed to be sold on Surprise Factor. All listings must offer an item for sale. You may not create an Surprise Factor listing for the purpose of sharing a referral code, posting a want ad, or similar activity that does not offer a physical or digital item for sale.
Keep in mind that members may flag listings that appear to violate our policies for Surprise Factor’s review. Surprise Factor may remove any listings that violate our policies. Note that listing fees are non-refundable. Surprise Factor may also suspend or terminate your account for any violations. You’ll still be on the hook to pay any outstanding fees on your Surprise Factor statement. You can find more information in our Fees & Payments Policy.
c. Managing your Surprise Factor Shop
Your shop represents you and your business to the Surprise Factor community. It’s important that you, your items and your shop are honestly and accurately represented.
By selling on Surprise Factor, you agree that you will:
Provide honest, accurate information to Surprise Factor and in your About section.
Honor your Shop Policies.
Accurately represent your items in listings and listing photos.
Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Surprise Factor.
Not engage in fee avoidance.
Not coordinate pricing with other sellers.
d. Seller Standards By listing a product for sale on Surprise Factor you understand and agree that you are responsible for complying with all applicable laws and regulations for the products you list for sale, including any required labels and warnings. Surprise Factor assumes no responsibility for the accuracy, labeling, or content of your listings.
Meeting Service Level Standards
As a seller, you must provide great customer service and maintain trust with your buyers. These requirements are called our Seller Service Level Standards. Surprise Factor may reach out to you if your shop fails to meet Surprise Factor’s Seller Service Level Standards. Read more here.
By selling on Surprise Factor, you agree to:
Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country. Read more in our Shipping Policy.
Respond to Messages in a timely manner.
Honor the commitments you make in your shop policies.
Resolve disagreements or order issues directly with the buyer. In the unlikely event that you can’t reach a resolution, Surprise Factor can help through our case system. Read about your rights and responsibilities regarding cases here.
If you are unable to complete an order, you must notify the buyer and cancel the order. Read about how to cancel an order in this Help article.
e. Selling Fees
Sellers may be charged for using some of Surprise Factor’s services. There are fees associated with listing, selling, advertising, and certain other Surprise Factor products and features. You can find information on fees in the Fees and Payments Policy.
2. Being a Member of the Surprise Factor Community
At Surprise Factor, everyone is expected to treat fellow members of the Surprise Factor community with respect. As a seller, you have additional responsibilities to safeguard personal information and communicate promptly with buyers in order to provide a great customer experience.
a. Creating and Uploading Content
As a member of Surprise Factor, you have the opportunity to create and upload a variety of content, like photos, and videos.
Your Account with Surprise Factor
You’ll need to create an account with Surprise Factor to use some of our Services. Here are a few rules about accounts with Surprise Factor:
You must be 18 years or older to use our Services. Minors under 18 are not permitted to use Surprise Factor or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online. For more information, see Surprise Factor’s Minors Policy.
Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Surprise Factor.
b. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant Surprise Factor a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Surprise Factor function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Surprise Factor may offer you or Surprise Factor buyers promotions on the Site, from time to time, that may relate to your listings
C. Rights You Grant Surprise Factor.
By posting Your Content, you grant Surprise Factor a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Surprise Factor, your Surprise Factor shop, or the Services in general, in any formats and through any channels, including across any Surprise Factor Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
That sounds like a lot, but it’s necessary for us to keep Surprise Factor going. Consider these examples: if you upload a photo or video of a listing on your Surprise Factor shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into Spanish so a buyer in spanish can learn about your item; and if you post a beautiful photo or video of your latest handmade gift, we can feature it– often along with your shop name and shop picture– on our homepage, in one of our blogs or even on a billboard to help promote your business and Surprise Factor’s.
D. Reporting Unauthorized Content. Surprise Factor has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Surprise Factor’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
You must own or control the copyright to any image, video, footage, text, audio, or any other content that you upload or post to the Surprise Factor Site (“Your Content”). This means that you cannot submit work obtained from other sources (e.g., online image search results or websites), or incorporate such work into your content submissions, unless you have permission to do so.
You will retain ownership of Your Content. By uploading Your Content, you grant Surprise Factor LLC a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Surprise Factor Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove or request to have removed Your Content from the Surprise Factor Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
Please note that, while you retain ownership of Your Content, any template or layout in which you arrange or organize Your Content through tools and features made available through the Surprise Factor Site and Apps are not proprietary to you, and the rights to such template or layout will remain with us.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Your Content to use such individual’s likeness, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address).
In order to keep our community safe and respectful, you agree that you will not upload content or transmit any video, image, text, audio recording, or other content that:
Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
Contains any pornographic, defamatory, or otherwise unlawful or immoral content;
Depicts unlawful or violent acts;
Depicts animal cruelty or violence towards animals;
Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition;
Includes or embeds your own watermark, website name, or copyright notice in Your Content; or
Violates any law, statute, or regulation.
Contains hateful or derogatory language or imagery, or any content that is subject to our Anti-Discrimination and Hate Speech Policy;
Contains threats, harassment, extortion, or violates our rules about interference;
Is false, deceptive, or misleading;
Contains unsolicited advertising or promotions, requests for donations, or spam;
Contains private information, whether it is your own, or someone else’s;
Encourages or facilitates a transaction that evades the Surprise Factor checkout process.
When submitting content that relates to race, ethnicities, disabilities, age, religion, gender, or sexual orientation, you agree to depict and/or describe the members of these groups in ways that accurately and respectfully represent their identities. Suitable content will generally:
Cause no harm to any particular person or group of people
Portray people of various backgrounds in ways that humanize them and do not reduce their identity
Use current, non-offensive terminology in titles or keywords or in the content itself
Use neutral/positive and culturally appropriate language to describe individuals
You agree that Surprise Factor LLC may (but is not obligated to) filter your Content (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any of Your Content and/or disclose any of Your Content and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms, or to comply with legal obligations or governmental requests. Surprise Factor LLC reserves the right to remove any previously accepted content submission from our library, and reserve the right to reinstate any previously accepted content submission which was later removed by a Surprise Factor LLC administrator, at any time for any reason.
Surprise Factor LLC is not responsible for, and will have no liability for, the removal, non-removal or loss of any of Your Content from our Surprise Factor Site and Apps. We recommend you keep backup copies of Your Content on your hard drive or other personal system.
You may not use any Surprise Factor LLC. Content for any purpose without first obtaining a license to use such Surprise Factor Content. Any use of Surprise Factor Content by you shall be governed by the applicable license agreement separately entered into between you and Surprise Factor. Displaying and/or distributing to the public any watermarked or unlicensed Surprise Factor Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
b. Privacy and Protecting Personal Information
c. Communication Standards
With Surprise Factor’s “Messages”, you have the ability to communicate directly with your buyers or other Surprise Factor members. Messages are a great way for buyers to ask you questions about an item or an order.
Messages may not be used for the following activities:
Sending unsolicited advertising or promotions, requests for donations, or spam;
Harassing or abusing another member or violating our Anti-Discrimination Policy;
Contacting someone after they have explicitly asked you not to; or
Interfering with a transaction or the business of another member.
Exchanging personal contact, financial or other information for the purposes of evading the checkout process on Surprise Factor, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc.
Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Surprise Factor. Examples of interference include:
Contacting another member via Messages to warn them away from a particular member, shop, or item;
Posting in public areas to demonstrate or discuss a dispute with another member;
Purchasing from a seller for the sole purpose of leaving a negative review;
Maliciously clicking on a competitor’s ads in order to drain that member’s advertising budget, also known as “click fraud.”
Creating or using an independent buyer account to maliciously upvote another shop’s negative reviews in order to position those reviews more prominently.
Harassment and Discrimination
Any use of Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a Message that violates this policy, please let us know right away.
ii. Forums and Teams
Forums and Teams are public spaces provided by Surprise Factor where sellers can connect, but there are communication standards that must be followed. More information can be found in the Surprise Factor Community Policy.
iii. Communicating Cancellations
If you are unable to complete a transaction, you must notify the buyer via Messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises. All cancellations are subject to our Cancellation Policy.
Sellers may still cancel an order and work toward a resolution with a buyer as they see fit for policies applied to their shops, such as the digital items policy.
3.PAYMENTS AND FEES
a. Types of Fees
Sellers may be required to pay the following types of fees. Please note that all fees are listed exclusive of any value-added tax (VAT) or similar taxes that may apply. See the Taxes section below for further details. It’s important to note that all service fees, including prepaid fees, are non-refundable.
You will be charged a listing fee of $0.15 USD for each item that you list for sale on Surprise Factor.com or Surprise Factor’s mobile apps. You will only be charged a listing fee for creating or renewing a listing on Surprise Factor; there is no fee for editing a listing. If you list multiple quantities of the same item, the initial listing fee will be $0.15, and the listing will be automatically renewed at $0.15 after each of the items sells. Listing fees are reflected in your payment account and deducted at the time the listing is published or renewed.
When you make a sale through Surprise Factor.com, you will be charged a transaction fee of 5% of the price you display for each listing plus the amount you charge for shipping and gift wrapping. If you sell from anywhere other than the US and Canada, the transaction fee will apply to the listing price (which should include any applicable taxes), shipping price, and gift wrapping fee. If you offer optional personalization for an additional fee, the additional fee for personalization is added to the listing price you display and the total display price is subject to the same transaction fees described in this Section. See the Taxes section below for more information about whether you are required to include applicable taxes in your listing prices. Transaction fees are deducted from your current balance as each sale occurs, and are reflected in your payment account.
Advertising and Promotional Fees
Surprise Factor offers multiple services to help you advertise your listings and promote your shop, including Surprise Factor Ads and Offsite Ads.
One of our premises is offer Surprise Factor Ads to help to publicize your products and grow your business. Additionally, you can set a budget to limit the amount you’re willing to pay for Surprise Factor Ads to promote your listings or shops on Surprise Factor. For Offsite Ads, fees are only charged if Surprise Factor’s advertising your listing directly results in a sale, as set forth in more detail below. All bids are made in United States dollars (USD). Surprise Factor Ads fees may be charged on a recurring basis and are deducted from your current balance and reflected in your payment account. For more information, please see the Advertising & Marketing Policy.
Offsite Ads Fees
Surprise Factor purchases offsite advertising from a network of participating partners, such as social networks and search engines. If such advertising includes your listing, a buyer clicks on it, and then places any orders from your shop within 30 days of that click, you will be charged an advertising fee on these orders (which we’ll refer to collectively as “Attributed Orders” and individually as an “Attributed Order”).
The Offsite Ads fee you are charged for Attributed Orders depends on your shop’s sales over the prior 365 days, as follows:
The standard fee you will pay is 15% on Attributed Orders, unless the 12% fee applies as described below.
If your shop has made less than $10,000 USD in sales over the prior 365 days as calculated on the first day of the month, you will pay a fee of 15% (as described in the section below) on Attributed Orders, unless you opt out of participation in Offsite Ads for the duration your shop is under the $10,000 USD threshold. The 15% fee and opt-out apply until or unless you at any time meet the $10,000 USD threshold.
If at any time your shop has made sales of $10,000 USD or more over the prior 365 days as calculated on the first day of the month, you will subsequently pay a fee of 12% (as described in the section below) on Attributed Orders, as of the beginning of the program if you immediately qualify, and otherwise on the first day of the month following qualification. If you subsequently fall below the $10,000 USD threshold at a later date, you will still only be charged a 12% advertising fee for the lifetime of your shop. If you opted out of participation in Offsite Ads prior to meeting the $10,000 USD threshold, you will be required to participate and will be charged a 12% advertising fee on Attributed Orders for the lifetime of your shop upon reaching the $10,000 USD threshold. The prior opt out while under the $10,000 USD threshold will no longer apply (even if you subsequently fall below the $10,000 USD threshold at a later date).
Beginning a month after initial calculations when the program starts, Surprise Factor will perform subsequent calculations on the first day of each calendar month and will give you notice if you have crossed the $10,000 USD threshold.
For the purpose of calculating this $10,000 USD threshold, sales are calculated by multiplying item price by quantity (minus any discounts or formally cancelled orders), but excluding Pattern orders, In Person Payment orders, Surprise Factor fees, or separately charged shipping, taxes, or gift wrap.
How Offsite Ads fees are calculated:
Offsite Ads fees apply to Attributed Orders and are charged as a percentage of the total order amount, which comprises the price you display for each listing plus the amount you charge for shipping and gift wrapping and in some jurisdictions, taxes, as set forth below. The applicable percentage charge, either 12% or 15%, is determined as described above.
Payment Processing Fees
Online Sales. Eligible Surprise Factor shops may use Surprise Factor Payments to accept certain payments through Surprise Factor (learn more about Surprise Factor Payments below). Payment processing fees are charged for each transaction made through Surprise Factor Payments. Payment processing fees vary based on the location of your bank account. In certain markets, a fixed deposit fee may be charged for the disbursement of seller funds that are under certain designated thresholds. The payment processing fee is assessed on the total amount of the sale, including tax and shipping. Payment processing fees are deducted from the sale amount in your payment account. Deposit fees are deducted from your Available Funds and reflected in your payment account at the time of your scheduled deposit.
Surprise Factor offers sellers the opportunity to set if they can have the option to Delivery, Pick up or Shipping options. That’s why we offer in certain locations, the ability to purchase shipping labels to fulfill their orders. The cost of the shipping label will depend on the shipping carrier, and the origin, destination, weight, and dimensions of the package. If you add signature confirmation or insurance, those fees will be added to the total cost of the label at the point of purchase. Sellers who purchase shipping labels may also purchase parcel insurance through licensed insurance carriers. U.S. Sellers who purchase USPS shipping return labels will be charged after delivery of the returned package. You must accept Surprise Factor Payments as payment methods to purchase shipping labels through Surprise Factor. Shipping fees and any adjustments are reflected in your payment account and deducted from your current balance.
b. Fee Avoidance
Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Surprise Factor. This includes, for example, encouraging buyers to purchase an item in your Surprise Factor shop through another venue. A transaction initiated on Surprise Factor may not be completed off of Surprise Factor. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item’s price after a sale for the purpose of avoiding Surprise Factor transaction fees, misrepresent the item’s location, or use another user’s account without permission.
c. Surprise Factor Payments
Surprise Factor will automatically deduct all fees owed from your payment account. Surprise Factor Payments accept payment from buyers by major credit or debit cards accepted Surprise Factor Gift Cards, Surprise Factor Credits and Surprise Factor Coupons (subject to applicable limitations, see Surprise Factor Gift Cards, Credits & Coupons Policy), by certain bank transfer services.
As soon as the gifts are delivered, every week we will deposit the total amount collected by the buyers and we deducted the amount for fees associated with the order posted in your account.
Aside from the limited circumstances set out below, you are responsible for collecting and paying any taxes associated with using and making sales through Surprise Factor’s services. Surprise Factor will issue 1099-K forms to certain sellers to comply with IRS and state requirements. You may opt in at any time to receive your 1099-K form electronically.
A. Listing your items on Surprise Factor
To comply with applicable US tax laws, Surprise Factor will calculate, collect and remit sales tax on your behalf for orders shipped to customers residing in US locations. Click here to learn more about where Surprise Factor collects sales tax on your behalf.
The sales tax settings in Shop Manager are used for states/regions where Surprise Factor doesn’t automatically collect sales tax on your behalf.
Where Surprise Factor is required to collect sales tax/VAT on your behalf, Surprise Factor will use the category you assigned to each listing to calculate, collect, and remit the applicable taxes. You are solely responsible for ensuring that all of your listings are properly categorized, and you agree to indemnify Surprise Factor for any losses it incurs in connection with any miscategorization of your listings by you.
Please remember that Surprise Factor’s fees do not include any withholding taxes that might apply in your home country. You are required to pay Surprise Factor the full amount of our fees and may not deduct any applicable withholding taxes from that amount.
Please also note that some countries require Surprise Factor to apply VAT on the fees that you may be charged in accordance with this policy, and that the fees listed in this policy are exclusive of VAT. See this Help article for more information on VAT.
B. Taxes on Seller Services
United States Sales Tax
In most US states, as applicable, Surprise Factor will collect the sales tax amount from the buyer and pay this to the relevant tax authority. If the sale was made through Surprise Factor Payments, the sales tax amount will appear in your payment account and is deducted from your current balance.
For items shipped to certain states, including but not limited to Washington state (or, for digital items, those purchased with a Washington state billing address), Surprise Factor will use the category you assigned to each listing to calculate, collect, and remit the applicable sales tax based on the buyer’s location in the US. For a full list of these states, please see here.
Taxes Collected and Remitted from buyers outside the US
Collection of VAT on Low Value Goods: Read about Other Taxes we Collect and Remit from buyers outside the US here.
Digital VAT Fees
Under local laws in certain countries, Surprise Factor is required to collect and remit VAT to the relevant tax authorities when you sell a digital item delivered via automatic download to the buyer. Surprise Factor will automatically display the increased amount charged to the buyer of the digital item to collect the correct amount of VAT, and we will remit it to the tax authorities. If the sales were made through Surprise Factor Payments, Surprise Factor will collect the VAT amount from the buyer and pay the VAT to the relevant tax authority, and you will not have to take any further action. If the sale was not made through Surprise Factor Payments, you will receive the additional amount paid by the buyer for the VAT, and you will need to pay this amount to Surprise Factor. The VAT amount paid by the buyer will appear on your payment account and will be deducted from your current balance.
When you receive notice that a buyer has paid for an item through a Managed Payments transaction, you must then ship or otherwise deliver your item in accordance with the buyer’s selection from the shipping options that you made available in your listing. You agree to deliver all items purchased pursuant to the terms of your listing and the User Agreement, and perform all other necessary transaction-related actions, when we notify you that we have received payment from your buyer.
Feedback, Cases and Your Success
Reviews are a great way for you to build a reputation on Surprise Factor. Buyers can leave a review, including a one to five star rating and a photograph or video of their purchase, within 100 days after the latter date of their item’s estimated delivery date. If an estimated delivery date is not available, the review window opens after the order’s processing time and shipping time have elapsed. Buyers can edit their review, including the photograph or video, any number of times during that 100 day period.
On the rare occasion you receive an unfavorable review, you can reach out to the buyer or leave a response.
In addition to our rules for Creating and Uploading Content in Section 2a, reviews and your response to reviews may not:
Contain graphic, mature, or obscene language or imagery, or any content that is subject to our mature content policy;
Be about things outside the seller’s control, such as a shipping carrier, Surprise Factor or a third party;
Include shilling or otherwise falsely inflate a shop’s review score; or
Undermine the integrity of the Reviews system.
b. Surprise Factor’s Case System
The Case system is how a buyer notifies Surprise Factor of an order issue or dispute that they’re unable to resolve with a seller, in order for Surprise Factor to help them reach a resolution. Buyers must contact sellers directly via the Help with Order link and attempt to resolve any outstanding issues before opening a case on Surprise Factor. For this reason, it is important that you fill out your shop policies and regularly respond to Messages from your buyers. Once a buyer contacts you to notify you of a problem with an order, you will have 48 hours to resolve the issue. If the issue is unresolved in this time frame, a case may be opened by the buyer. Once a case has been opened, Surprise Factor will assist in the resolution of the case between the buyer and seller. This may include, but is not limited to, automatically closing the case and issuing a refund to the buyer, or reviewing the case further to help the buyer and seller resolve it as quickly as possible.
Surprise Factor reserves the right to resolve an order issue before the 48-hour window for circumstances including, but not limited to, seller inactivity, harassment, refusal of service, manipulation, and undermining the integrity of the case system.
For certain cases, sellers are protected by Surprise Factor’s Purchase Protection Program. If the case falls outside of Surprise Factor’s Purchase Protection Program for Sellers, unless otherwise required by law, you will be required to refund the order, including original shipping and return shipping. Surprise Factor reserves the right to issue a refund to the buyer and recoup funds from your account, including your payment account reserve, if payment was made via Surprise Factor Payments.
c. Your Seller Account and Surprise Factor’s Terms
In the event a shop sees an unusual spike in orders, particularly in a high demand category, a shop may see an increase or decrease in its search ranking. Often, if a shop sees an increase in fulfilled orders and good reviews, this may result in higher visibility and search rank. However, sometimes a rapid increase in orders can reduce visibility. Read more about how Surprise Factor search works, and what factors impact search ranking, and how you can help optimize your listings and shop here and in The Ultimate Guide to Surprise Factor Search.
In addition, we may limit the visibility of listings or ads in the interest of keeping Surprise Factor safe, and improving our Services. For example, listings or ads may have decreased visibility because they include terms that represent a prohibited item or based on third party policies. These listings or ads may also be restricted from appearing in one or more features of the Services. While these listings or ads may have limited visibility, they are still discoverable in search.
Surprise Factor may make changes to onboarding or authentication processes for sellers at our sole discretion. Completion of these processes may be required for seller account activation or continued access and usage.
If Surprise Factor has reason to believe you, Your Content, or your use of the Services violate our Terms, including this Seller Policy, we may deactivate Your Content to some or all users, or suspend or terminate your account (and any accounts Surprise Factor determines is related to your account) and your access to the Services. Generally, Surprise Factor will notify you that Your Content or account has been suspended or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
d. Surprise Factor’s Purchase Protection Program for Sellers
Surprise Factor also provides limited solutions to sellers who meet the requirements of our Purchase Protection Program for Sellers. Read more about Purchase Protection Program for Sellers here.
A portion of your sales goes monthly to charity but we don’t retain another different fee that the exposes in this document. We will let you know the final amount that will be paid to the foundation.
5. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Surprise Factor, another Surprise Factor user, or a third party.
D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
E. Follow Our Trademark Policy. The name “Surprise Factor” and the other Surprise Factor marks, phrases, logos, and designs that we use in connection with our Services (the Surprise Factor Trademarks), are trademarks, service marks, or trade dress of Surprise Factor in the US and other countries. If you’d like to use our trademarks, you agree to follow our Trademark Policy.
F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to Surprise Factor (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G. Talk to Us Online. From time to time, Surprise Factor will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Termination By You. We’d hate to see you go, but you may terminate your account with Surprise Factor at any time from your account settings. You can find more information in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.
Termination By Surprise Factor. We may terminate or suspend your account (and any accounts Surprise Factor determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Surprise Factor will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Surprise Factor terminate your account, you may lose any information associated with your account, including Your Content.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. You understand that Surprise Factor does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Surprise Factor cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Surprise Factor from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Surprise Factor is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings.
Gift Cards and Promotions. You acknowledge that Surprise Factor does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
You agree to defend, indemnify and hold harmless Surprise Factor and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted by you on the Surprise Factor website.
Limitation of Liability
In no event shall Surprise Factor, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimers and Warranties
The service and all materials and content available through the service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Surprise Factor disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (i) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (ii) any warranty arising out of course of dealing, usage, or trade. Surprise Factor does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from the service or any materials or content available through the service will create any warranty regarding Surprise Factor or the service that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the service, your dealing with any other service user, and any materials or content available through the service. You understand and agree that you use the service, and use, access, download, or otherwise obtain materials or content through the service and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the service), or the loss of data that results from the use of the service or the download or use of that material or content.
some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms at any time. If we decide to change our Terms (including the Statement of Privacy) for the site, we will post the revised Terms here so that you will be informed of such changes. Your continued use of the site indicates your assent to the Terms as posted. Please check this page periodically for changes to these Terms.
These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Surprise Factor agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Miami, Florida for the purpose of litigating any dispute. We operate the service from our offices in Florida, and we make no representation that the service offered is appropriate or available for use in other locations.
Questions or Comments
Surprise Factor welcomes your questions or comments regarding these Terms. If you believe that Surprise Factor has not adhered to these Terms, please contact us.
Our Site is maintained in the United States. By using the site, you authorize the export of personal information to the United States and its storage and use as specified in this policy.
Dispute Resolution and Arbitration
In the interest of resolving disputes between you and Surprise Factor in the most expedient and cost-effective manner, you and Surprise Factor agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SURPRISE FACTOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Surprise Factor will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Surprise Factor.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Surprise Factor’s address for Notice is:
[5819 6th Ave S, Seattle, WA 98108]
The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you and Surprise Factor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you and Surprise Factor must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Surprise Factor will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Surprise Factor in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
If you commence arbitration in accordance with these Terms, Surprise Factor will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Surprise Factor for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND SURPRISE FACTOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Surprise Factor agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If Surprise Factor makes any future change to this arbitration provision, other than a change to Surprise Factor’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Surprise Factor’s address for Notice, in which case your account with Surprise Factor will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.]
These Terms are effective and were last updated on October 5, 2022.