Seller agreement

1. You appoint us to collect the money for you

Hiltos LLC, doing business as WhimSale ("WhimSale"), is appointed as Seller's limited agent solely to collect and process payments from buyers for goods sold by Seller through WhimSale. Payment by a buyer to WhimSale is treated as received by Seller at the time WhimSale receives the payment and discharges the buyer's payment obligation to Seller for that transaction. WhimSale's obligation to remit the Seller Proceeds to Seller is a separate obligation between WhimSale and Seller under these Terms.

In plain terms: once a buyer has paid us, they have paid you. They owe you nothing more, even before the money reaches your bank. Getting it to you from there is our obligation to you, and if we failed to, that would be a matter between you and us rather than anything the buyer has to put right.

We are appointed for this purpose only — collecting what buyers pay for things you sell here, and passing on the Seller Proceeds. We are not your agent for anything else.

2. What it costs

Listing is free, however many things you list and however long they sit there. When something sells online we keep 11% of the price plus 30 cents. The rest is the "Seller Proceeds", and it is what we owe you.

Michigan sales tax is not yours and is not deducted from your share. WhimSale is the merchant of record and remits it to the state.

3. When you are paid

The buyer pays us before they get the goods, whichever way the goods reach them. We hold the Seller Proceeds until they have.

If the buyer is picking it up, that is the moment you confirm their pickup code. If the item is being shipped, it is the moment the carrier records the delivery.

Either way, that moment starts a hold, which is the window for either side to raise a problem. You choose how long it is, from the options we offer on your settings screen, and it is 72 hours unless you change it. The same period is how long a buyer has to tell us the goods were damaged or not what the listing said: those are one period because a refund can only come out of money we still hold.

After the hold, the Seller Proceeds are transferred to your Stripe account, unless the order is subject to a dispute, a refund, or something else these terms allow. A longer hold means a later payment, and a shorter one means the buyer has less time to raise something with us.

You are not paid for goods the buyer has not received.

4. Setting things aside is an obligation

Once something is bought it is sold. Keep it aside for the buyer at the time they chose, and do not sell it to somebody standing in front of you.

If you cannot produce it, the buyer is refunded in full and it counts against you.

5. Describing things honestly

Photograph the actual item, including its faults. If it does not work, say so. Do not list what you do not have.

Our AI drafts a title and description from your photograph. It is a draft. You are responsible for what your listing says.

6. Shipping things

If you opt an item into shipping, the buyer pays the shipping at checkout. We buy the label; you pack it and drop it off.

The post office requires a sender phone number, which is why we ask for one before you can ship anything. Buyers never see it.

7. We are not your accountant

What you owe in income tax on what you sell is between you and the revenue authorities. We report what the law requires us to report and nothing more.

8. Your address on a public map

A sale with hours on it is a place people drive to. So when you tell us we can publish where your sale is, you are agreeing to two things. The first is an exact pin on the public map, at the address you gave us and not near it. The second is that same street address, written on the sale page for anybody to read.

That is what WhimSale is for. Buyers find a sale by seeing where it is and when it is open. A sale nobody can find is not a sale.

Saying yes is your choice, and it is not permanent. Take it back and we stop publishing where you are.

It ends when the sale does. Once the last of your hours has passed, the pin and the street address come off.

9. Food is yours to get right

If you list food, meeting Michigan’s rules for it is yours. That covers how it is made, where, what the label says, who you may sell it to and how it reaches them. Which rules apply depends on what you are selling, and they are not the same for jam, eggs, produce, honey and syrup.

We are not a food business. We do not make, handle, store, carry or inspect anything you list, we hold no food license, and we do not check that you qualify for the exemption you are relying on. What we do is build the listing around the rules we do know: we will not take payment for food, we require a label before it goes on sale, and we switch off the options Michigan does not allow for it.

The Michigan Department of Agriculture and Rural Development publishes the rules and answers questions directly. If you are not sure whether something you make qualifies, ask them before you list it, not after.