Holistically Refined is an online wellness center that is designed to Make our Customers’ Holistic Journey Easier. We want to make sure that you and your customers have a seamless and calming experience on Holistically Refined. Below you will find the keys to having a prosperous and impactful business on the platform.
This is a legal agreement (“Agreement”) between you, the Independent Vendor (“Vendor”), and Holistically Refined, LLC (“Holistically Refined”). The parties expressly agree to transact and enter into this Agreement by electronic means within the meaning of the Uniform Electronic Transactions Act (“UETA”).
2. Description of Work. The Vendor will be responsible for providing product and service instruction (“Sessions”). The Vendor will retain absolute discretion as to the manner and means of selling out Vendor’s products or services. Vendor shall determine Vendor’s own cancellation policy.
3. Non-exclusivity. Vendor and Holistically Refined acknowledge that this Agreement is nonexclusive and Vendor is free to engage in and simultaneously perform any employment or other services during the pendency of this Agreement. Nothing herein precludes Vendor from advertising or providing Vendor’s services to the general public.
4. Hours. Vendor shall set Vendor’s own hours and schedule Vendor’s own Sessions. Vendor shall generally render services as needed to perform Vendor’s duties hereunder as set forth in the Description of Work.
5. Commission. Vendor determines and adjusts Vendor’s own hourly Session rate. Vendor shall receive that rate less a percentage paid to Holistically Refined for its services.
Vendor shall be paid by a Holistically Refined customer who has retained the Vendor through the Holistically Refined payment processing system for any services rendered to Holistically Refined customers. Under no circumstances is Vendor to attempt to seek or receive compensation directly from Holistically Refined customers (outside of the www.HolsiticallyRefined.com).
6. Payment system. Vendor agrees not to subvert the payment system or to divert funds ordinarily payable to Vendor through Holistically Refined.
7. Expenses. Vendor is solely responsible for all costs and expenses related to the services provided hereunder including, but not limited to, expenses associated with preparing for and administering Sessions, educational materials and transportation. Holistically Refined will not be liable to Vendor for any expenses incurred in the rendition of services.
8. Supplies. Vendor will provide Vendor’s own supplies and equipment required to complete the tasks for which he was retained.
9. Taxes. Vendor is responsible for all federal, state, and/or local tax purposes. Neither federal, nor state, nor local income tax, nor payroll tax of any kind shall be withheld by Holistically Refined on behalf of Vendor. Vendor understands that it is Vendor’s responsibility to pay any applicable taxes.
10. Benefits. Vendor acknowledges that Vendor is engaged in an independent business and is not eligible to participate in any pension, health, or other fringe benefits plan of Holistically Refined.
11. Insurance. No Workers’ Compensation Insurance shall be obtained by Holistically Refined for Vendor. Vendor understands that it is Vendor’s responsibility to comply with the Workers’ Compensation Law.
12. Confidentiality. Vendor acknowledges that, during the performance of services, Vendor will have access to information relating to customer’s identity, address, contact information, and other personal information or requests for services (“Confidential Information”). Vendor agrees that Vendor owes a duty to Holistically Refined and such third parties, during the term of this Agreement and thereafter, to hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the services consistent with this Agreement.
13. Vendor documents. Vendor acknowledges that a copy of all documents created or received by Vendor in connection with the administration of services performed hereunder (“Vendor Documents”) may be retained by Holistically Refined and used for its administrative purposes. For purposes of this Agreement, Vendor Documents does not include materials solely associated with the teaching of Sessions including Session plans, schedules and notes and Holistically Refined acknowledges these materials belong to the Vendor.
14. Indemnity and hold harmless clause. Vendor agrees to indemnify and hold harmless Holistically Refined, its subsidiaries, affiliates, and their directors, officers, employees and agents, from and against any and all losses, expenses, costs, liabilities and damages (including any legal fee and expenses), any and all injuries, whether direct, consequential or incidental in nature, which result from, are connected with or arise out of the performance by Vendor of work performed in relation to this Agreement, including any act by Vendor inconsistent with Vendor’s status as an Independent Vendor.
Vendor understands that Holistically Refined offers an Internet-based marketplace for those seeking product or services to connect with those seeking to provide products or services. Accordingly, Holistically Refined makes no representations to Vendor about the suitability, character or background of any Holistically Refined user (including, without limitation, Holistically Refined customers or their parents or guardians), nor does Holistically Refined perform any type of background check of users including, without limitation, Holistically Refined customers or their parents or guardians). It is Vendor’s sole duty to exercise Vendor’s own judgment, protocols and/or standards when considering whether to engage in products or services with each student or client. Vendor understands and agrees that it is Vendor’s responsibility to conduct any and all background and reference checks regarding other Holistically Refined users. Vendor is never obligated by Holistically Refined to pursue any Vending opportunity.
15. Selling Services on Holistically Refined. All services you offer on the Holistically Refined platform must be created by you or your company. If you collaborate or partner with another Vendor, you must include that Vendor’s name in the service description.
16. Selling Subscriptions on Holistically Refined
All subscriptions must be delivered to customers in accordance with the delivery date and frequency (i.e. monthly or bi-monthly) specified by the customer during the initial setup of the subscription.
17. Selling products on Holistically Refined
You must be transparent with all ingredients in the products you upload to HolisticallyRefined.com. You are held accountable and responsible for all products you post on HolisticallyRefined.com. We take product integrity very seriously. Raw material and quality of the ingredients in your products must be authentic and credible source. 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 accurately describe every person involved in the making of an item in your shop in your About section. You are using your own photographs — not stock photos, artistic renderings, or photos used by other sellers or sites. Read more about using appropriate photographs in this Help article. When posting or adding a listed product to your shop with a variety of choices, for the product type, please select “variable product” in the drop down menu. Please do not post the same product with different sizes, colors, scents or any other variation of that product twice. See our Seller’s Help Guide if you need more information.
We encourage you to be transparent about where your materials come from. You can disclose whether your items are handmade or vintage, or have social or environmental attributes, such as organic or recycled.
18. What Can’t be Sold on Holistically Refined
CBD products/THC products
Prescription Drugs or Medicines
Any absorbed or consumed products that are not made with all natural ingredients.
Products tested on animals
Even if they otherwise meet our all natural criteria, prohibited items, services, and items that violate our intellectual property policies are not allowed to be sold on Holistically Refined.
20. How you should represent you brand on Holistically Refined
At Holistically Refined, we value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.
By selling on Holistically Refined, you agree that you will:
Provide honest, accurate information in your About section.
Honor your Shop Policies.
Accurately represent your items in listings and listing photos. If you are selling raw or natural handmade products, accurately disclose whether they are handmade, list all ingredients,commercial.
Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Holistically Refined.
Not engage in fee avoidance.
Not create duplicate shops or product if you have variety of combination of products please select variable products. Please see Shop Setup Guide on Holistically Refined for more details.
Not coordinate pricing with other sellers.
Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Holistically Refined. Examples of interference include:
Contacting another member via the Holistically Refined Tribe social networking platform 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 Promoted Listings ads in order to drain that member’s advertising budget, also known as “click fraud.”
Any use of Holistically Refined’s communication mediums to harass other members is strictly prohibited.
23. Privacy and Protecting Personal Information
When you sell on Holistically Refined, you may communicate with other members or have transactions with buyers. This means you may process personal information (for example, buyer name, email address, and shipping address) and may be considered an independent and separate “data controller” under EU law or other local regulations. If you disclose personal information like a buyer’s name and email address without the buyer’s consent, you are responsible for that unauthorized disclosure.
For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Holistically Refined-related communications or for Holistically Refined-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Holistically Refined policies and laws, you may not add any Holistically Refined member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you’re responsible for knowing the standard of consent required in any given instance.
If Holistically Refined and you are found to be joint data controllers of personal information, and if Holistically Refined is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Holistically Refined for the expenses it occurs in connection with your processing of buyer personal information.
24. Creating and Uploading Content
As a member of Holistically Refined, you have the opportunity to create and upload a variety of content, like listings, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:
Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy;
Obscene or vulgar;
In violation of someone else’s privacy or intellectual property rights; or
False, deceptive, or misleading.
25. Building a Positive Reputation Through our Reviews System
Reviews are a great way for you to build a reputation on Holistically Refined. Buyers can leave a review, including a one to five star rating and a photograph of their purchase.
On the rare occasion you receive an unfavorable review, you can reach out to the buyer or, if the review is less than 3 stars, leave a response.
Responses to Reviews may not:
Contain private information;
Contain obscene, racist, or harassing language or imagery;
Violate our Anti-Discrimination Policy;
Contain prohibited medical drug claims;
Contain advertising or spam;
Be about things outside the seller’s control, such as a shipping carrier, Holistically Refined or a third party; or
Undermine the integrity of the Reviews system.
Extortion is not allowed on Holistically Refined. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on Holistically Refined. Extortion includes when a seller offers a buyer additional goods, services, or compensation in exchange for a positive review. For more information, please see this Help article.
Shilling is strictly prohibited on Holistically Refined. Shilling is the fraudulent inflation of a shop’s reputation by use of an alternate account. The intent of shilling is to make a seller look more desirable by increasing the shop’s number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the buyer. For more information on shilling, including examples, please see this Help article.
28. Providing Great Customer Service
We expect our sellers to provide a high level of customer service. By selling on Holistically Refined, 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. These requirements are detailed in our Shipping Policy.
Respond to Conversations in a timely manner.
Honor the commitments you make in your shop policies.
Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, our Dispute Resolution team 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.
Holistically Refined will help you provide great customer service and maintain trust with your buyers through our Seller Service Level Standards (“SLS.”) Read more about SLS here.
Holistically Refined also provides limited protection to sellers who meet the requirements of our Seller Protection Program. Read more about Holistically Refined’s Seller Protection Program here.
29. Responding to Requests for Cancellations, Returns, and Exchanges
Please be aware that in addition to this policy, each country has its own laws surrounding shipping, cancellations, returns, and exchanges. Please familiarize yourself with the laws of your own country and those of your buyers’ countries.
European Union Right of Withdrawal
Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state. Read more about the EU Right of Withdrawal in this Help article.
If you are unable to complete a transaction, you must notify the buyer 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.
You may cancel a transaction under the following circumstances:
The buyer did not pay. (The seller may flag a buyer for a payment not received, chargeback, or canceled payment.)
Both you and the buyer agree to cancel the transaction prior to shipment, and you have issued the buyer a full refund.
You have decided to refuse service to the buyer and are complying with our Anti-Discrimination Policy. If the buyer has already paid, you must also issue a full refund, including shipping.
The buyer did not receive the item(s) ordered, even though you provided proof of shipping, and you have issued a refund for the item. (Refunding shipping is optional, unless the buyer paid with Holistically Refined Payments, in which case you’ll need to refund in full.)
Both you and the buyer agreed that the buyer could return the item for a refund, you have received the returned item and issued a refund to the buyer for the item. (Refunding shipping is optional, unless the buyer paid with Holistically Refined Payments, in which case you will need to refund in full.)
Holistically Refined’s Case System
We ask buyers to contact a seller directly and attempt to resolve any outstanding issues before opening a case on Holistically Refined. For this reason, it is important that you fill out your shop policies and regularly respond to Conversations from your buyers.
Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within seven days or the time frame noted by Holistically Refined in the case. Holistically Refined reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, case manipulation, and undermining the integrity of the case system.
By using Holistically Refined’s Case System, you understand that under Holistically Refined’s dispute resolution procedures, Holistically Refined may use your personal information for the purpose of resolving disputes with other members. Cases can be filed in the following circumstances:
A non-delivery occurs when a buyer places an order and submits payment, but does not receive the item. The following are examples of non-delivery cases:
An item was never sent.
An item was not sent to the address provided on Holistically Refined.
There is no proof that the item was shipped to the buyer’s address.
Not as Described
An item is not as described if it is materially different from your listing description or your photos. The following are examples of not as described cases:
The item received is a different color, model, version, or size than is shown in the photo or described in the listing.
The item has a different design or material.
The item was advertised as authentic but is not authentic.
You failed to disclose the fact that an item is damaged or is missing parts.
A buyer purchased three items but only received two.
The condition of the item is misrepresented. For example, the description at the time of purchase said the item was “new” and the item is used.
Not as Described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:
The item(s) were ordered for a specific date or event.
The item(s) are rendered useless after that date.
The seller did not ship the item(s) according to their processing time or the date agreed upon in Conversations.
For more information on how to resolve a case, please see this Help article. If Holistically Refined determines that an item is not as described, you will be required to refund the original shipping and return shipping, in addition to the cost of the item.
Some disputes don’t qualify for Holistically Refined’s case system. These include:
Items that have been purchased in person.
Intangible items, services, or prohibited items.
Transactions where payment is not made through Holistically Refined Payments.
Items that are returned without a return agreement.
Items that have been altered, used, worn, or washed after receiving them.
Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer.
Items that are received after the agreed-upon delivery date due to shipping delays.
Cost of shipping disputes.
When a dispute is ineligible for our case system, we encourage both parties to work together to come to an amicable solution.
31. Violating our policies
Keep in mind that members may flag listings that appear to violate our policies for Holistically Refined’s review.
Holistically Refined may remove any listings that violate our policies. Note that listing fees are non-refundable. Holistically Refined may also suspend or terminate your account for any violations. You’ll still be on the hook to pay any outstanding fees on your Holistically Refined bill.
32. Raising money for charity
If you are raising money on behalf of a charity, you must obtain that charity’s consent.
33. Copyright Ownership. Vendor acknowledges that the Site Content Vendor creates for use on the Site is being created by a Vendor as a “work made for hire” under the United States Copyright Act and, at all stages of development, the Site Content shall be and remain the sole and exclusive property of Holistically Refined. At Holistically Refined’s sole, absolute and unfettered discretion, Holistically Refined may make any changes in, deletions from, or additions to the Site Content. If for any reason the Site Content Vendor creates hereunder is determined at any time not to be a work made for hire, Vendor hereby irrevocably transfers and assigns to Holistically Refined all right, title and interest therein, including all copyrights, as well as all renewals and extensions thereto.
34. Term. This Agreement and the respective duties of the parties hereunder shall continue until terminated by either party in accordance with this Agreement.
35. Assignment. Vendor may not assign or transfer this Agreement without the prior written consent of Holistically Refined.
36. Termination of relationship. Either party may terminate this Agreement for any reason at any time.
37 Amendment. This Agreement may only be amended or modified by a writing which makes express reference to this Agreement as the subject of such amendment and which is signed by Vendor and, on behalf of Holistically Refined, by its duly authorized officer. The parties agree that any amendment or modification hereunder may be transacted by electronic means within the meaning of the UETA provided that that any such amendments or modifications otherwise comply with the requirements in this paragraph.
38. Severability. If any term, provision, covenant or condition of this Agreement or part thereof, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant, or condition shall remain in full force and effect, and any such invalid, unenforceable or void term, provision, covenant or condition shall be deemed, without further action on the part of the parties hereto, modified, amended and limited to the extent necessary to render the same and the remainder of this Agreement valid, enforceable and lawful.
40. Terms of arrangement. Holistically Refined accepts a Vendor as user for an indefinite period, subject to the provisions of this Agreement. Vendors have been removed from the website in the past for a material breach of this Agreement and for a failure to follow Holistically Refined’s administrative procedures.
41. Governing law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Illinois, without regard to conflict of law rules.
43. Entire agreement. This Agreement contains the entire agreement and understanding between the parties hereto in respect to the subject matter