Advertising & Marketing Policy
At Agritz Fresh, we believe that advertising should be beneficial to merchants and improve the overall experience for our users. We offer a variety of advertising methods to help sellers promote their listings and establishments. To learn more about your rights and obligations regarding our advertising services, please review our Advertising & Marketing Policy.
This policy is incorporated into our Terms of Service, and by using any of Agritz Fresh’s advertising services, you acknowledge and agree to this policy and our Terms of Service. Please note that this Advertising & Marketing Policy may be subject to change in accordance with our Terms of Service, and by using our services in the future, you consent to such changes.
We acquire offsite advertising through a network of cooperating suppliers, including social media platforms and search engines, and the shopping engines that are part of our network may change at any time. At present, we syndicate listings to a number of outlets, and all expenses associated with advertising on these providers are covered through our Offsite Ads program.
Please be aware that we reserve the right to modify the conditions of these advertising programs at any time, including the inclusion or removal of fees, the addition or removal of platforms, or the program’s termination (in whole or in part). We will notify you of any significant changes.
By utilizing our advertising and promotional services, you acknowledge that Agritz Fresh is not obligated to display an advertisement or promote your listings or stores, and we cannot guarantee that a shown advertisement or promotion will be clicked or that the connected listing will be sold if a user clicks.
Our advertising services and policies, as well as those of our third-party channel partners, may vary over time, and we cannot guarantee the features, results, or third-party channels of any specific program. We retain the right, in our sole discretion, to modify or discontinue any campaign, incentive offer, or program in whole or in part.
Please note that we may automate portions or all of the advertising services we provide, including aggregating bids across listings, geographical areas, keywords, ad formats, verticals, and on and off-Agritz Fresh marketing channels and platforms. Upon notification from Agritz Fresh, you authorize us to do so, even if such features or options supersede the parameters and settings you established for the specific advertising service.
If we establish, cancel, or alter an advertising service, we may move your bids, budgets, and campaigns to the new program, to the extent that they are transferrable for the new or changed advertising service’s defaults and features. We will notify you of any such transfer.
From time to time, you may be invited to participate in beta tests of our and/or third-party channels’ advertising services, and these beta services are subject to unique terms for each program, as well as this policy and the Agritz Fresh Terms in general.
Please ensure that your advertisements and promotions comply with all applicable rules and regulations, and do not infringe or violate the intellectual property, copyright, trademark, privacy, publicity, or other personal or proprietary rights of a third party. We reserve the right, in our sole discretion, to reject or delete any advertisement or promotion for any reason, including marketing that adversely impacts our relationships with our members or partners.
For more information, please refer to our Intellectual Property Policy.
Anti-Discrimination and Hate Speech Policy
The Anti-Discrimination and Hate Speech Policy of Agritz Fresh aims to provide a secure and inclusive environment for all users. This policy is incorporated into our Terms of Service, and by using Agritz Fresh, you agree to adhere to this policy and our terms.
Discrimination based on personal characteristics (also known as “protected groups”) such as race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, and other characteristics protected by law, is strictly prohibited on Agritz Fresh. It is your responsibility to understand your local laws regarding discrimination.
Hate speech, which involves using violent, derogatory, or humiliating language towards individuals or groups based on their protected group characteristics, is also not allowed on Agritz Fresh. This applies to public services such as listing items, using community spaces, submitting reviews, and communicating with other members through Messages.
As a vendor on Agritz Fresh, you are prohibited from displaying discriminatory conduct towards protected groups in your store materials, including shop policies and announcements. Prohibited behaviors include denying services based on membership in a protected group, demonstrating intolerance or disregard for other members based on protected group characteristics, having policies that exclude protected groups, and making disrespectful or degrading statements about protected groups or supporting hate organizations and its members.
If you encounter discrimination or hate speech on Agritz Fresh, please report it to us at su*****@ag****.com , and we will investigate the matter.
Intellectual Property Policy
The Intellectual Property Policy of Agritz Fresh acknowledges that it is a marketplace consisting of independent third-party sellers who operate their own businesses and are responsible for their inventory, shipping, and compliance with applicable laws. The material on Agritz Fresh’s marketplace is created by independent vendors who are not Agritz Fresh employees, agents, or representatives. Therefore, sellers are responsible for ensuring that they have the necessary rights to their material and that their posting does not infringe or violate the rights of any third party.
Agritz Fresh has the right to suspend or terminate any listing, business, or account that violates its Terms of Service, including its Intellectual Property Policy or Prohibited Items Policy. Moreover, Agritz Fresh has the right to take legal action against violators of its policies.
While Agritz Fresh cannot provide legal advice or make legal judgments regarding intellectual property infringement, it makes a concerted effort to remove or disable access to allegedly copyrighted material as soon as it receives appropriate notice of such infringement. If notified of alleged infringement, Agritz Fresh takes reasonable steps to contact the affected member, educate them about the notice and removal, and advise them on how to submit a counter notice if applicable. Agritz Fresh may also deliver a copy of the infringement notice to the affected member, along with the reporting party’s name and email address.
To notify Agritz Fresh of alleged infringement and other intellectual property claims under the DMCA and other intellectual property laws, interested parties can reach out to su*****@ag****.com . Before processing a notification, Agritz Fresh may require more information, such as the complaining party’s identification verification or proof verifying the alleged entitlement. Agritz Fresh has the right to reject or counter notifications containing material that it deems inaccurate, fraudulent, incomplete, or provided in bad faith.
Agritz Fresh accepts counter notifications for copyright notices solely in line with the Digital Millennium Copyright Act (DMCA). When Agritz Fresh receives a DMCA counter complaint, it notifies the original complaining party and provides a copy of the counter notice. Access to the withdrawn material may be restored after ten business days of the counter notice being processed, unless the copyright owner files a lawsuit seeking a court injunction against the allegedly infringing party and notifies Agritz Fresh of the action.
In appropriate circumstances and at its discretion, Agritz Fresh may cancel the selling privileges of members who receive repeated or numerous notices of intellectual property violation. If Agritz Fresh suspects a member has attempted to start a new store after their first account has been terminated, it retains the right to deny that person any services. Such measures apply to any accounts Agritz Fresh believes the impacted member is affiliated with or operates. Agritz Fresh retains the right to terminate account privileges at any time, for any reason, and without prior warning, as per its Terms of Service.
Agritz Fresh accepts infringement notification withdrawals only from the intellectual property owner or authorized agent who filed the claim. Such withdrawal must unequivocally specify that it is a formal withdrawal and include adequate information about the member and/or material (such as by providing the username, shop name, and Agritz Fresh listing URLs). While Agritz Fresh makes reasonable efforts to contact both parties concerned to confirm receipt of the withdrawal from the party submitting it and to notify the member impacted by the withdrawal, withdrawals do not guarantee a change in a member’s store status as infringements are examined on an individual basis.
Community Policy
At Agritz Fresh, community is at the center of all we do. Agritz Fresh vendors utilize community spaces to gain inspiration, share information, discuss ideas, and develop partnerships that support their company growth.
The Agritz Fresh Community is comprised of three components: Forums, Teams, and a Seller Handbook. This policy is included into our Terms of Service. By accessing or utilizing any of Agritz Fresh’s communal places, you agree to this policy and our Terms of Service.
Using the Agritz Fresh Community
Agritz Fresh community spaces are open locations for merchants to communicate. Sellers who wish to utilize any of the communal spaces must be over the age of 18. To ensure the Agritz Fresh community remains a safe, inclusive, and courteous environment, you agree to adhere to the following policies in all community spaces:
Continue reading below to learn about certain extra restrictions that apply to you when you use particular community places.
Direct Messages
Members may communicate directly with one another using the Community’s built-in messaging system. These messages exist independently of Agritz Fresh Messages and may be viewed and read while in communal places.
By sending direct messages to other members of the Agritz Fresh Community, you agree to all of the policies listed above. Additionally, you are not permitted to transmit messages that are considered:
Teams
Agritz Fresh Teams is a community tool that connects you to Agritz Fresh vendors that can assist you in growing your business. Agritz Fresh Teams are self-organized by members and are not associated with, sponsored by, or operated by Agritz Fresh.
By utilizing the Teams feature of Agritz Fresh, you accept and agree to the following:
Branding Guidelines for Teams
When identifying as an Agritz Fresh Seller Team, teams must follow these branding rules.
You may use the term Agritz Fresh in the team’s name. (See, for example, Agritz Fresh Greek Team and Brighton Agritz Fresh Greek Team). However, you are not permitted to use the word ‘Agritz Fresh’ or the Agritz Fresh logo alone in the name of your Team or in any promotional materials referencing your Team in any way.
Consider the following while designing an Agritz Fresh Team logo:
Agritz Fresh does not pre-approve Team branding and reserves the right to take action against any usage that creates misunderstanding, poses a risk of injury to the Agritz Fresh brand, or is a blatant violation of our Trademark Policy. In particular, Agritz Fresh may review Teams’ use of the Agritz Fresh name and Agritz Fresh Trademarks at any time, and Agritz Fresh may require changes in your use of the Agritz Fresh Trademarks to comply with Agritz Fresh policies, including our Trademark Policy, Agritz Fresh’s marketing needs, or to ensure Agritz Fresh’s Trademarks are not used in a manner that implies your Team is affiliated with or a part of Agritz Fresh, Inc. Additionally, you may not use the Agritz Fresh Trademarks or similar marks in a manner that disparages or harms Agritz Fresh’s brand or reputation, or in connection with non-Agritz Fresh services. Agritz Fresh maintains the right, in its sole discretion, including if you breach this policy or any of Agritz Fresh’s Terms of Use, to withdraw your license to use the Agritz Fresh Trademarks.
Third-Party Services
Agritz Fresh has partnered with third-party service providers to provide regulated payment services and to handle a variety of payment processing functions, including card processing, disbursements, currency conversion, identity verification, fraud analysis, and regulatory compliance.
Agritz Fresh collaborates with PayPal and other approved payment providers to process credit card and other payment transactions, as well as the transfer of monies to merchants. Your payment provider and processing time will vary depending on the country in which you are situated.
Agritz Fresh may share your personal or transactional information with third-party payment processors for payment processing purposes.
If Agritz Fresh becomes aware that your shop’s content or conduct violates the terms of service of a third party, we may, in our sole discretion, take action against your account to ensure compliance with their standards. These measures may include canceling a transaction, deactivating listings in your store, suspending or terminating your selling rights, or eliminating particular payment methods from your shop.
Seller Rights and Responsibilities
Payment Accounts. Sellers can use a payment account to keep track of payment amounts, refunds, and fees associated with transactions and seller services. Sellers are responsible for providing accurate personal information at registration and for keeping and updating such information as required. Sellers will not pose as another individual or use a name for which they are not legally permitted. Sellers permit us and our authorized representatives to verify their information (upon registration and on occasion while using the Services) by acquiring public records and credit reports on the sellers. Agritz Fresh validates seller information in order to protect the marketplace’s integrity and mitigate the danger of fraud, money laundering, terrorist funding, and trade sanctions violations.
Disputes. Sellers agree to address problems directly with buyers or via the use of Agritz Fresh’s dispute management and refund options, in line with our Seller Policy and Terms of Use. If a disagreement is raised to Agritz Fresh’s Support Team, Agritz Fresh reserves the right to reimburse a buyer and collect monies from the seller if a transaction is determined to violate Agritz Fresh’s policies.
If a buyer files a chargeback, Agritz Fresh will contact the credit card networks on the seller’s behalf; the seller undertakes to furnish us with any required information within five calendar days of the request. Agritz Fresh maintains the right to pursue the seller for cash related with buyer chargebacks.
Communications. We will inform sellers of each transaction, or of other information pertaining to Agritz Fresh Payments, using our standard communication procedures, including by email or through Agritz Fresh’s Messages tool.
Refunds. Refunds or adjustments made by Agritz Fresh to purchasers for payments made through Agritz Fresh Payments may be initiated by the seller utilizing the refund capability in the seller’s payment account for a period of 180 days following the transaction. After 180 days from the original purchase date, the Agritz Fresh Payments Platform does not provide refunds. Agritz Fresh shall deduct any such monies paid to offset refunds from the seller’s payment account balance. If there are insufficient funds to meet the refund amount, the remaining balance will be charged to the seller’s credit card on file or credited to the seller’s payment account. Agritz Fresh will give refunds in the original mode of payment, or in the absence of such payment, an Agritz Fresh credit will be granted.
Agritz Fresh reserves the right to refund buyers and recoup such refunds from sellers in the following circumstances: the seller has been refused service by Agritz Fresh in accordance with Agritz Fresh’s Terms of Use; and/or the seller is in Reserve; and/or the seller has unfulfilled or overdue orders.
International Trade Laws. You agree that your use of Agritz Fresh payments and platform will not include any nations, businesses, persons, or things forbidden by US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies’ restrictions, embargoes, rules, or decrees.
Information on Cardholder Charges. Please keep in mind that your bank or card issuer may charge you extra costs (including foreign transaction fees) for transactions made on Agritz Fresh. These fees are not imposed by Agritz Fresh and are at the bank’s discretion. Please contact your bank for further information.
Deposits
Payment Account.
All monies received as a consequence of a successful transaction will be displayed in the seller’s payment account as a balance. Transactions are deemed complete when Agritz Fresh or our fraud analysis service provider approves the payment. Any refunds, adjustments, or other sums given to purchasers in connection with transactions, or for monies received since the previous payment day, are credited to the seller’s payment account balance as well.
The funds shown in a seller’s payment account balance are available for deposit (the “Available Funds”) into the seller’s bank account, subject to any applicable reserve(s) and associated reserve limit, hold, or deposit delay, as described in Reserves below, and as otherwise determined by the seller’s bank.
Reserves
To protect the security and integrity of our marketplace, the users of the Agritz Fresh services, and Agritz Fresh may take account-level or transaction-level actions based on risk-based criteria, like the criteria listed below. Some of our decisions about reserves, holds and delays may be based on criteria that demonstrate a seller’s ability to fulfill orders in a manner consistent with Agritz Fresh’s policies. These criteria are essential to our management of risk and the protection of Agritz Fresh and our users. Agritz Fresh reserves the right to use a combination of reserves, deposit delays, and holds on your account.
Escheatment.
If Agritz Fresh is unable to settle payments into a seller’s bank account or the seller is denied service under Agritz Fresh’s Terms of Use, the monies will stay with Agritz Fresh and the seller’s payment account balance will remain accessible. It is entirely the seller’s obligation to keep their bank account details up to date in order to receive money, if applicable. If a seller does not update the information required to claim the funds within a specified time period, or if Agritz Fresh is unable to release funds to the seller for compliance reasons, Agritz Fresh will escheat the funds to the appropriate government authority in accordance with applicable escheatment laws.
Recoupment
We reserve the right, in our sole discretion, to seek reimbursement from a seller in the following circumstances: (a) we provide a refund to a buyer because the seller failed to deliver the goods promptly or we otherwise determine, in accordance with Seller Rights and Responsibilities, that a refund is warranted in a particular circumstance, (b) we discover erroneous or duplicate transactions involving a seller, (c) we receive a chargeback from a buyer’s credit card issuer or reversal of payment for the amount of a buyer’s purchase from a seller, or (d) a seller does not act in accordance with Agritz Fresh’s policies.
We may recoup any amounts owed by a seller to Agritz Fresh by deducting them from future payments owed to the seller, reversing any credits to the seller’s payment account balance, charging the seller’s card on file, charging the seller’s payment account, or seeking reimbursement from the seller through any other lawful means, including through the use of third-party collections services. You permit us to seek repayment through any or all of the aforementioned channels. Agritz Fresh has the right to immediately terminate your selling rights pending payment of your outstanding debt.
Payment Processing Fees
Agritz Fresh charges a processing fee for each transaction handled through the Agritz Fresh website. The cost will be calculated on the total price of the order, including shipping and tax (if applicable). At any moment, we retain the right to alter the Payment Processing Fee. If a buyer receives a partial or complete refund, the Payment Processing Fee and any other relevant costs will be recalculated using the altered selling price. The difference between the initial Payment Processing Fee and the amended Payment Processing Fee will be charged to the seller’s refund. Additional costs that apply will be returned to the seller’s payment account. Deposit costs will be repaid if a seller’s payment account is credited with the deposit.
Value-Added Tax (VAT).
Depending on your business’s status and region, Agritz Fresh may be compelled to charge and return VAT on monthly seller fees.
Reporting Obligations
US
Internal Revenue Service requirements compel us to file a Form 1099-K to disclose unadjusted yearly gross sales data for sellers situated in the United States or who are compensated in USD in certain circumstances.
To comply with these laws, vendors who reach 150 (one hundred and fifty) transactions in a calendar year, regardless of sales volume, will be obliged to supply Agritz Fresh with taxpayer identity information.
Non-US
In select places outside the United States, Agritz Fresh is also obligated to provide tax information to local tax authorities. These reporting requirements apply when sellers make sales to customers in those countries via Agritz Fresh and the sales (in aggregate) reach the appropriate VAT or local tax threshold (which may be based on transaction volume or sales value) in a calendar year.
Agritz Fresh asks that you add your taxpayer name and VAT ID to your Agritz Fresh shop when you approach the VAT sales threshold or local reportable threshold in the appropriate nation or countries. Until you supply this information, your Agritz Fresh selling rights may be suspended.
Termination
Sellers may cancel this arrangement at any time. Additionally, Agritz Fresh reserves the right to discontinue or stop a seller’s usage of the Agritz Fresh platform at any time.
Any undisputed Available Funds will be placed into a seller’s bank account upon termination. Agritz Fresh reserves the right, upon termination of access to offset against any payments due to the seller an amount determined by us to be sufficient to cover any anticipated chargebacks, refunds, adjustments, or other amounts payable to buyers in connection with purchases made from the seller’s payment account for a prospective 180-day period. At the conclusion of the 180-day period following termination, we will either disburse to the seller any funds not used to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable, or seek reimbursement from the seller via any of the means authorized in this Policy for any additional funds required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers.
Prohibited Items Policy
The Prohibited Items Policy at Agritz Fresh outlines what items are not allowed to be sold on the platform due to legal hazards, violation of ideals, harm to members, or not aligning with the Agritz Fresh essence. The policy strictly prohibits materials that advocate or celebrate violence, hate, or illegal activities. Violators of this policy may face immediate account suspension or termination.
The following items are forbidden or restricted on Agritz Fresh: alcohol, tobacco, drugs, drug paraphernalia, medical drugs, animal products, human remains, hazardous materials, recalled items, weapons, hate items, illegal items, highly regulated items, internationally regulated items, pornography, mature content, and violent items.
Agritz Fresh makes complex policy decisions by considering various conflicting criteria and prioritizing creative expression. However, the platform retains the right to delete listings that do not align with its philosophy, and violations of the policy may lead to the suspension or termination of the member’s selling rights. The platform recognizes that art and history can be provocative, emotive, and contentious, and community unanimity may not always be achievable.
Sanctions Policy
The Sanctions Policy of Agritz Fresh is applicable to all users of our Services, regardless of their location. By accessing or using any of our Services, you agree to abide by the terms of this policy and our Terms of Service. As a global marketplace based in the United States, Agritz Fresh is subject to economic sanctions and trade restrictions, including those imposed by the US Department of the Treasury’s Office of Foreign Assets Control (“OFAC”).
Users of our Services are prohibited from engaging in transactions with individuals, places, or things originating in certain geographical territories such as Crimea, Cuba, Iran, North Korea, and Syria, as well as individuals or businesses listed on sanction lists, such as OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List. Items originating in Cuba, North Korea, Iran, or Crimea, with the exception of certain instructional goods, are also not allowed on Agritz Fresh.
To ensure compliance with sanctions programs, Agritz Fresh takes steps such as banning members from accessing their accounts in particular geographic areas and requiring sellers to disclose the country of origin of an item in a listing. We may also suspend or terminate your use of our Services if we suspect you are operating your account from a sanctioned area or are in violation of any economic sanction or trade restriction.
Agritz Fresh members should be aware that other countries may impose their own trade restrictions and that some commodities may be prohibited from export or import under international law. Additionally, third-party payment processors may monitor and restrict transactions independently for sanctions compliance.
The regulations affecting the use of our Services are subject to change, and members should consult sanctions resources regularly. Legal advice from a certified expert is recommended.
Seller Protection Policy
Seller Eligibility Requirements
Policy to Protect Sellers
To be eligible for Seller Protection, sellers must meet certain requirements without the need for an application process. To ensure that your shop is protected, follow these steps:
To ensure that your orders are covered by Agritz Fresh’s Seller Protection, follow these requirements:
While most products and transactions are eligible for Seller Protection, there are some exceptions, including:
Seller Protection Benefits
If your business and the order meet the qualifying standards, Agritz Fresh will not charge you for Non-Delivery and Not as Described incidents that result in a refund. If a chargeback is lodged against you, Agritz Fresh will work with you to conduct a thorough investigation. If additional information or assistance is needed, you will be requested to provide it within 48 hours or the time period specified by Agritz Fresh. Failure to respond promptly may result in our inability to help you resolve the dispute. Please note that we cannot guarantee a favorable outcome.