Vendors terms of use

The following Vendor Policies are part of our Terms of Use (the “Terms”), which constitute a legally binding agreement between you and Odbody.com LLC (“odbody.com”, “us”, “we” or “our”) when you use odbody.com and other services or websites provided by odbody.com (the “Services”). By accepting these Terms of Use you are also agreeing to all of our other policies including our Privacy Policy,

Behavior and Conduct

One of our primary objectives to make odbody.com an enjoyable place to buy and sell products that are sourced and made in the United States of America. We require all activities and communications between Customers and Vendors to be professional, respectful and timely. We have a strict zero tolerance policy regarding discrimination of any kind or on any basis.

Users of odbody.com may not discriminate on the basis of, among other things: race, color, religion, gender, gender expression, age, national origin, disability, marital status, sexual orientation, or military status, in any of their activities or interactions.

Additionally, Vendors are prohibited from:

  • Interfering with other Vendors’ businesses in any way.
  • Initiating or participating in efforts to coordinate pricing among other Vendors.
  • Altering or misrepresenting product pricing to affect odbody.com’s commission or transaction fees.
  • Undertaking efforts to avoid odbody.com earning commission on sales by initiating a transaction on odbody.com and completing it elsewhere.
  • Directing Customers to purchase their goods somewhere other than odbody.com.
  • Sharing or displaying the private information of any Customer, other Vendors, or any users of odbody.com.
  • Threatening the safety of, or harassing, any Customer, Vendor, or other user of odbody.com.
  • Engaging in any activity that is illegal or infringes on another’s intellectual property
  • Violating the odbody.com Code of Conduct is prohibited by our Terms of Use and may be grounds for suspension or termination of your odbody.com account.

Transparency

Vendors on odbody.com are required to honestly and accurately represent themselves, their products, and their business. In order to sell on odbody.com, Vendors agree to:

  • Disclose in the Vendor’s Shop page the name(s) and contact information of the person responsible for handling customer support.
  • Use their own words and original photographs to represent and describe their items.
  • Stock photos are prohibited on odbody.com.
  • Respond to any inquiries from odbody.com in a timely manner – we reserve the right at any time to ask Vendors where or how their items are made, what workspace, tools, and equipment are used, what materials are used (and the origin of such materials), and how Vendors communicate and collaborate with the people who help them run their business.
  • Providing false, inaccurate, or misleading information to us or to Customers is prohibited by our Terms of Use and may be grounds for suspension or termination of your odbody.com account.

Responsibilities

This section details Vendor responsibilities and expectations when they participate by selling and fulfilling goods on or through our Services. In addition to odbody.com’s Vendor Policies, Vendors will need to establish their own policies including:

  • Customer communication response times.
  • Cancellation policy.
  • Processing times.
  • Shipping, including costs, method, and time in transit.
  • Returns, refunds, and exchanges.
  • Custom or personalized product policies.

Additionally, Vendors are fully responsible for compliance and representation with respect to both odbody.com’s American Sourced and Made policy.

What does American Source and Made mean on odbody.com?

All products sold on or through our Services must comply with the Federal Trade Commission’s (FTC) Made in USA Policy, and we require that all Vendors certify to us that they are in compliance with this policy. For guidance on how to comply with the FTC regulations, go to https://www.ftc.gov/tips-advice/business-center/guidance/complying-made-usa-standard

odbody.com’s full American Sourced and Made policy can be read here. It is critical that Vendors fully understand their obligations and requirements for Made in USA labeling, and reading the full policy is strongly recommended as Vendors will be required to certify each item as American-made during the product upload process.

Orders

Order Processing

Order processing and fulfillment times are very important to both your success as a vendor and our success as a platform. Although we have set a policy outlining maximum order fulfillment times for Standard Item Orders to be seven (7) days, it is always best to fulfill items as quickly as possible and using the shortest shipping times. In order to ensure that Vendors are in compliance with this policy, odbody.com will monitor Vendor order processing and fulfillment activities.

Order Notification

Vendors will be notified via email and within the Vendor’s Shop account when a Customer has placed an order. Order notifications will include all of the information required for a Vendor to process and fulfill an order including the order ID, item/s name, quantity, item details, any special instructions from the Customer, the Customer’s name, and the shipping address.

Order Processing Time is defined as the time between the Order Notification being sent to the to the Vendor, either via email or within the Vendor’s Shop account, and the Vendor providing package tracking information in the odbody.com system at which time the Vendor will ship the order and the order is considered fulfilled

Standard Item Orders must be processed and fulfilled within seven (7) days. Customized or Personalized Item Orders may have longer order processing and fulfillment times and it is the responsibility of the Vendor to communicate expected processing times clearly and prominently in their odbody.com Shop policies as well as on the item page.

Order Acknowledgement

Vendors must acknowledge that they are in receipt of the order as soon as possible
If an order is not acknowledged within two (2) days, odbody.com will send an order reminder email to the Vendor
If an order still has not been acknowledged within six (6) days, a final reminder email will be sent to the Vendor
Order Processing Status – the order processing status (order status) communicates to odbody.com and to the Customer which stage of the order processing timeline the order is in
The Vendor is solely responsible for assigning and updating the correct order status for every order they receive
Order statuses include:

  • Pending – the Vendor has been notified of the order but has yet to acknowledge it.
  • Received – the order contains Standard items, has been received by the Vendor, and is in process.
  • Customized – the order contains Customized or Personalized items, and the Vendor has received and begun to process the order.
  • Shipped – the Vendor has entered the order tracking information and the order has been shipped.
  • Delivered – receipt of delivery has been received and confirmed.
  • Cancelled – the order has been cancelled by either the Vendor or odbody.com.

Failure to Comply with Order Processing Policies

Failure to fulfill a Standard Order within seven (7) days will result in the order possibly being cancelled by odbody.com as an un-fulfilled order, and a cancellation notification will be sent via email to both the Customer and the Vendor.

Failure to update the status of a Customized or Personalized Item Order within seven (7) days will also result in the order possibly being cancelled by odbody.com as an un-fulfilled order.

Failure to fulfill orders within a timely manner may result in a Customer initiating a Chargeback (see Chargebacks under section CUSTOMER PAYMENTS, PAYMENT PROCESSING, & SALES TAX)

IT IS IMPORTANT TO NOTE THAT IF A Vendor FAILS TO FULFILL STANDARD ITEM ORDERS OR ACKNOWLEDGE CUSTOMIZED OR PERSONALIZED ITEM ORDERS WITHIN SEVEN (7) DAYS THREE (3) TIMES, RESULTING IN THREE UN-FULFILLED ORDER CANCELLATIONS BY ODBODY.COM, WE RESERVE THE RIGHT TO REMOVE THE Vendor FROM THE SITE AND CANCEL THEIR ACCOUNT.

Order Cancellations

If a Customer wishes to cancel an order, they may do so in the following ways:

If the Customer wishes to cancel their order they will be directed to contact the Vendor directly via their odbody.com Vendor Shop page. If the order has not been shipped yet, the Vendor may simply cancel the order by logging into their Vendor, locating the order within the “Orders” panel and selecting “Cancel” to cancel the order. If the order has been shipped, the Vendor and the Customer will need to come to an agreement on the package return process, including who is responsible for paying the return shipping fee should the package need to be shipped back to the Vendor.

Vendors will need to include information regarding the specifics of their cancellation policy within the policies section of their Vendor profile, including what happens if an order has already been shipped.

Order Shipping

At this time, odbody.com does not provide any shipping services to Vendors. Vendors are responsible for establishing and executing their order shipping policies including costs, methods, and expected fulfillment times. Vendors will be asked during their initial application which shipping methods they utilize and we will do our best to accommodate those shipping methods. Currently we offer flat rate, free, USPS, UPS, FedEx and DHL shipping methods. Additionally, Vendors will need to produce their own shipping labels.

Vendors must detail information regarding shipping costs, methods, and expected delivery time frames in their shop policies so Customers know what to expect with regard to shipping costs and can estimate when their order will arrive.

Returns, Refunds and Exchanges

While Vendors are responsible for setting their own policies, odbody.com strongly encourages Vendors to have customer friendly and easy to understand policies regarding returns, refunds, and exchanges for standard items. It is common practice in retail to not allow returns, refunds, or exchanges on personalized, customized, and made-to-order items, and as such Vendors may have different return and refund policies for standard items versus customized items.

Returns & Refunds

In order to provide a refund to Customers, Vendors can initiate the process in the Vendor dashboard. Vendors are responsible for initiating all refunds. As such, if a Customer reaches out to odbody.com to discuss a return or a refund, they will be directed to the Vendor. In the event that sales tax was collected by odbody.com, the sales tax will be refunded by odbody.com directly in a separate transaction.

All returns will be sent by the Customer directly back to the Vendor. Vendors will need to specify in their shop policies which party, Customer or Vendor, is responsible for return shipping. Vendors have up to six (6) months from the date the order was placed to initiate a refund to a Customer in the Vendor portal. After six (6) months, the ability to provide a refund for an order in the portal will expire and no longer be available. Vendors have the option to provide full or partial refunds on an item basis by selecting the items in the order to be refund to the Customer. It is up to the Vendor to determine whether or not to refund any shipping costs initially paid by the Customer for returned items. Vendors will need to indicate the reason for the return and/or refund in the Vendor portal. The reason indicated for the return and/or refund will be included on both Vendor and Customer communications. In the case of a return, it is suggested that the Vendor wait to have the returned item in their possession before initiating a refund. Timing of refund.

It is recommended that a Vendor initiate a Customer refund after the funds are available in their account – this is generally within three days of the order being placed. When a refund is initiated, the Vendor’s account will be debited the amount of the refund they are responsible for. If there are insufficient funds in the Vendor’s account to cover the amount of the refund, the account will go into a negative balance – any subsequent payments into the Vendor’s account will offset the negative balance and the Vendor will be charged a $30 fee. odbody.com will refund commission according to the amount refunded to the Customer
If the entire amount is refunded, odbody.com will refund the entire commission. If a partial amount is refunded, odbody.com will refund the commensurate commission amount. If shipping costs are partially or entirely refunded, odbody.com will also refund the commensurate commission amount on the shipping fee. At this time, it is odbody.com’s policy to pay any transaction fees related to the refund. If a Vendor has what is deemed in the judgement of odbody.com to be an excessive amount of refunds, odbody.com may suspend Vendor’s odbody.com account. Additionally, odbody.com reserves the right to transfer responsibility for transaction fees on returns to the Vendor at any time.

Exchanges

To execute an exchange, the original item/s will need to be returned to the Vendor, and the Customer will need to place a new order for the replacement item/s. If any shipping fees are to be refunded, Vendors should follow the above refund process.

Vendors must include clear details for Customers regarding their return, refund, and exchange policies within the Shipping and Returns section of their Vendor profile.

Customer payments, payment processing, and sales tax

Customer Order Payment Settlements

Payments for orders are charged to the Customer credit card immediately and are settled in a batch process once per day.

Payment Processor and Vendor Account

odbody.com uses Stripe, a third party payment processor, to process credit and debit card transactions that are placed through the odbody.com, site as well as bank transfers to and from Vendors.

odbody.com is the merchant of record for all transactions on odbody.com, and odbody.com plus the Vendor name will appear as the merchant on Customer credit card authorizations, statements, and Vendor payments.

Forms of Payment Accepted on odbody.com

odbody.com accepts the following forms of payment: Visa, MasterCard, American Express and Discover.
For all transactions conducted on odbody.com, odbody.com will be the merchant of record on all credit/debit card transactions and statements.

The Vendor agrees that:

  • odbody.com will collect all payments on the Vendor’s behalf.
  • odbody.com will pay the Vendor based on our Payments to Vendors policy, and
  • Any payments received from Customer via Stripe satisfies the Customer’s obligation of payment.
  • If, based on these Terms, odbody.com does not settle payment with Vendor, the Vendor agrees to pursue odbody.com, not the Customer.

Chargebacks

A chargeback may occur when a Customer reports an unwanted or unauthorized charge to their credit card account and the credit card provider returns the funds to the Customer’s credit card. The credit card company will then give odbody.com the opportunity to investigate and possibly dispute the chargeback by providing us with the transaction details and the reason for the chargeback.

odbody.com will investigate all chargebacks and requires the cooperation of the Vendor in the investigation. A Vendor has five (5) business days to respond to all inquiries by odbody.com related to chargebacks. If the Vendor fails to respond and assist in the investigation, odbody.com reserves the right to issue a refund on the Vendor’s behalf from the Vendor’s account.

If after the investigation the dispute is found to be valid, a refund will be issued on the Vendor’s behalf from the Vendor’s account.

In all chargeback instances, the Vendor may be liable for the $30 chargeback fee. Other fees may apply based on the dispute process.

While chargebacks cannot be completely avoided, some steps can be taken to limit and help protect Vendors:

  • Respond to all Customer inquiries and communicate any delays in order fulfillment via email in a timely manner.
  • Fulfill all obligations regarding the descriptions, product details, and images for all products uploaded to odbody.com.
  • Provide accurate order processing and shipping time frames.
  • Resolve Customer issues before they potentially turn into a chargeback situation.
  • Update the order status accurately and enter package tracking information.
  • Retain valid proof of shipment and if available, delivery confirmation.
  • Clearly publish all relevant shipping, return, refund, and exchange policies.

odbody.com reserves the right to seek reimbursement from a Vendor:

  • If we discover erroneous or duplicate transactions from the same Vendor.
  • If odbody.com deems a refund to a customer is appropriate.
  • If a Vendor fails to comply with their responsibilities as laid out in the Terms of Use.
  • If a Customer disputes a charge as laid out in the Chargebacks section.
  • odbody.com may obtain reimbursement of any amounts owed by the Vendor by deducting funds from their account or from future payments to the Vendor, or by any other lawful means.

Sales Tax

A Marketplace Facilitator is a business or organization that contracts with third parties to sell goods and services on its platform and facilitates retail sales. By this definition, odbody.com is a marketplace facilitator. Marketplace facilitator legislation, enacted on a state level, shifts some of the responsibility for the collection and remittance of sales tax from third party Vendors to the marketplace facilitator. As of July 1, 2019, marketplace facilitator legislation has been enacted in 40 states, and it is expected that all states that collect sales taxes will adopt marketplace facilitator laws at some point.

Since our launch, odbody.com has and will continue to provide our Vendors complete services related to all sales tax calculation, collection, and remittance on behalf of Vendors whether required by marketplace facilitator tax collection laws, or by regular sales tax collection laws. It is imperative that each vendor select their sales tax nexus in their Vendor Dashboard. Sales tax will be collected and distributed according to the most current Marketplace Facilitator tax laws and using that sales tax nexus selection. Vendors are ultimately responsible for their sales tax compliance.

Vendor Responsibility

In order to ensure the correct calculation of sales tax, Vendors are solely responsible for the accurate and proper categorization of all of their products during the product upload process on odbody.com. If odbody.com finds that a Vendor is mis-categorizing their products for the purposes of avoiding the collection of sales tax, we reserve the right to suspend the Vendor’s account either temporarily or permanently.

Vendor payments and commissions

Vendor commissions

odbody.com has a very simple Vendor commission fee structure with NO hidden or surprise fees. In order to sell on or through our Services, Vendors must agree to the odbody.com fee structure.

odbody.com reserves the right to update the Vendor Participation Fees at our sole discretion. Any changes to the Vendor Participation Fees will be communicated to Vendors with 30 days advanced notice via email.

Payments to Vendors

odbody.com will release Vendor funds immediately upon settlement, however it may take two to three business days for funds to show in the Vendor’s account. Settlement generally occurs in a daily batch process within 24 hours of the order being placed. When settlement occurs, payment to the Vendor will be released automatically via an ACH transfer into their account. Vendor payment will be the amount of the order (item total plus shipping cost) less commission, fees, and discounts (if applicable) as laid out in the Vendor fee schedule. Please allow up to three business days for payments to appear in the Vendor account.

Vendor Activity Statement

Vendors may check their shop activity at any time through their Vendor Shop account

Issuance of 1099-K Tax Form

odbody.com complies with all state and federal laws and requirements regarding the reporting of revenues.

During the registration process, Vendors are required to provide Tax ID information. Businesses must also submit their Federal EIN number.

odbody.com will generate a 1099-K form for any Vendor that processes one or more transactions per year through the platform. For more information about the 1099-K form we strongly suggest contacting a certified tax professional. You can read more about the 1099-K here: https://www.irs.gov/businesses/understanding-your-1099-k.

Charitable Organizations

odbody.com welcomes charitable organizations to the odbody.com Vendor community.

In order to qualify for the odbody.com Charitable Organization Program, charities must be 501 (c)(3) organizations and donate 100% of the net proceeds from the sale of their goods on odbody.com. If requested, documentation to support either requirement must be provided to odbody.com immediately upon request.

Additionally, eligible charities must meet the FTC’s guidelines for Made in USA labeling as detailed in odbody.com’s American Sourced and Made policy for all items listed for sale on odbody.com.

Charitable Organization Vendor Participation Fees

In support of qualified charitable organizations’ efforts, odbody.com offers a reduced commission rate fee of 1% less than the standard published Vendor commission fee. All other fees as outlined in Section 12 apply.

Vendor and product representations

Vendors utilizing our Service are completely and solely responsible for all product and Vendor representations including, but not limited to: product information such as product titles, product descriptions, product details, product images, inventory levels, pricing, and any other pertinent details; Vendor shop details such as the shop name, description, images, company information, product manufacturing process, as well as shop policies.

If a Customer believes a product has been misrepresented and contacts odbody.com, we will direct the customer to the Vendor to resolve the issue and will notify the Vendor of the possible misrepresentation.

Customer and vendor disputes

As odbody.com is made up of independent Vendors, and we do not own, warehouse, sell, or distribute any products to Customers, we will always encourage Customers and Vendors to work with one another to resolve any order or experience-related issues amicably. That said, we realize there may be instances when disputes escalate. If after exhausting all possible resolution options, a dispute with a Customer has gone beyond the Vendor’s ability to rectify the matter, the Vendor may submit the issue to odbody.com for review by emailing [email protected] We will investigate the issue, however we make no claims, warranties, or representations in our ability to resolve it. We require the Vendor’s full cooperation as odbody.com investigates escalated disputes.

Prohibited products

Vendors are responsible for following all local, state, and federal laws regarding the items they sell on odbody.com.

  • Alcohol, Tobacco, Drugs, Paraphernalia, Vaporizers and Electronic Cigarettes, JUUL, and all related accessories
    Examples of what you CAN’T sell on odbody.com: Liquor, beer, wine, cigarettes, cigars, vaping items, illegal drugs, pharmaceuticals, marijuana, pipes and water pipes intended for marijuana use
    Examples of what you CAN sell on odbody.com: Beverage glasses, such as wine and beer glasses, flasks, hookas
  • Firearms and Weapons
    Examples of what you CAN’T sell on odbody.com: guns or weapons
    Examples of what you CAN sell on odbody.com: Culinary knives
  • Pornography, Adult Material
    Examples of what you CAN’T sell on odbody.com: Items deemed pornographic or obscene in nature which would be considered a rating of MA or X-rated, such as printed or visual material containing the explicit description or display of sexual organs or activity, intended to stimulate erotic rather than aesthetic or emotional feelings, sex toys and sex accessories
    Examples of what you CAN sell on odbody.com: Works of fine art such as paintings and sculptures that do not explicitly show full nudity or genitalia, historical depictions of a non-pornographic nature
  • Hazardous Material
    Examples of what you CAN’T sell on odbody.com: Items such as, but not limited to, gases, explosives, radioactive, poisons, batteries, refrigerants, pesticides
  • Hate Items and Memorabilia
    Examples of what you CAN’T sell on odbody.com: Items such as, but not limited to, ethnically or racially offensive material or items that promote any hate group including Nazi, Neo-Nazis, KKK, anti-gay, anti-immigrant, anti-Semitic groups, misogynistic groups
  • Violent Items
    Examples of what you CAN’T sell on odbody.com: Any items that glorify violence or acts of violence, or may allow someone to perpetrate a violent act toward themselves or others
    Illegal items and items encouraging illegal activities
    Examples of what you CAN’T sell on odbody.com: Stolen goods, bomb making kits, all other items that are illegal to sell or ship across state lines
  • Live animals, items made from animal pelts of domestic pets, taxidermy items, ivory or bones from ivory-producing animals, and items made from species deemed endangered or threatened (see also: Prohibition on importation of dog and cat fur products; endangered and threatened species, Convention on International Trade in Endangered Species of Wild Fauna and Flora)
    Examples of what you CAN’T sell on odbody.com: Mounted fish, elephant tusks, authentic ivory figurines
    Examples of what you CAN sell on odbody.com: Alpaca sweater, leather goods, coats or jackets with fake fur

Vendor uploaded content

Vendors are responsible for all descriptions, images, listings, information, data, or other materials that they upload, post, publish or display or otherwise transmit via the Services, and for all items that you sell on or through our Services. You may not post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Vendor also agrees that posted content does not infringe on any other party’s copyright or intellectual infringement. odbody.com reserves the right to investigate and take appropriate legal action against anyone who, in odbody.com’s sole discretion, violates this provision, including without limitation, removing the offending items or content from the Services, suspending or terminating the account of such violators and reporting any such violator to the law enforcement authorities.

Our use of Vendor content

By uploading content to the odbody.com Vendor dashboard, as well as through any other current or future odbody.com application, Vendors grant us a license and permission to use it. odbody.com doesn’t claim any ownership to Vendor content, however in agreeing to our Terms of Use, odbody.com may use Vendor content in, but not limited to, the following ways: on the site, in marketing, advertising, and public relations activities, in general promotion of odbody.com, as well as for other odbody.com business activities.

Last updated September 2020

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