(Formerly “Partner Operating Policies”)
THESE OPERATING POLICIES (THE “OPERATING POLICIES”) MUST BE READ IN CONJUNCTION WITH THE MASTER E-COMMERCE SERVICES AGREEMENT AND ANY APPLICABLE ORDER FORMS. CAPITALIZED TERMS USED BUT NOT DEFINED HEREIN SHALL HAVE THE MEANINGS ASSIGNED TO THEM IN THE MASTER E-COMMERCE SERVICES AGREEMENT.
THE OPERATING POLICIES ARE BASED ON GLOBAL E-COMMERCE BEST PRACTICES AND ARE DESIGNED TO ACHIEVE THE SMOOTH OPERATION OF THE STORE AND TO HELP CLIENTS SUCCEED WITH THEIR STORES AS WELL AS SAFEGUARD CLIENTS’ AND LINGBLE’S REPUTATION.
Last updated March [•], 2021.
1. Designated Contact. Client shall designate a person to be the primary contact for Lingble inquiries and day-to-day operation of the Store (including for customer support, shipping and fulfilment, information about the Goods, etc.). Having a designated contact will help prevent miscommunications between Lingble and Client and allow Lingble to serve Customers effectively and efficiently. Lingble will strive to minimize the operational and communication burden on the Client.
2. Customer Inquiries. All first level Customer inquiries on the Store or through the customer support contact information provided in the Store shall be handled by Lingble. However, when necessary, Lingble will request from Client information needed to adequately respond to Customer inquiries. Client understands and acknowledges that in order for Lingble to provide the best e-commerce shopping experience to Customers, the prompt and accurate reply to Customer inquiries is necessary. Failure to respond quickly and accurately to Customer inquiries may result in Customer dissatisfaction and ultimately in harm to Client, Lingble and the reputation of the Store. As such, Client agrees that Customer support enquiries from Lingble shall be responded to by Client within 24 hours from receiving the inquiry via email to the applicable designated contact specified in Policy 1, above.
3.1. General. Client shall make commercially reasonable efforts to:
3.1.1. maintain stock accuracy in the Store to ensure that no orders in any month are unable to be fulfilled due to stock not being available;
3.1.2. maintain communication of sales by Lingble, immediately remove the relevant Goods from the stock it makes available for its other (including its non-Internet) Customers;
3.1.3. provide Customers full, complete and accurate information about the Goods through the Store (including product description, materials, size charts, care instructions, etc.);
3.1.4. have clear images or other media accurately depicting the Goods;
3.1.5. generally maintain the Store up to date, with Client’s latest Goods offerings, updated banners, etc.; and
3.1.6. maintain and provide reasonable product selection of Goods to Customers, including Client’s latest Goods offerings;
3.2. Terms and Policies. Client must provide complete and accurate terms and conditions in the Store and any other legally-required information, policies and notices for Customers. Client shall permit Lingble to add language to any terms and policies as may be required of Lingble by law or otherwise required for the provision of the Services.
4. Shipping. Client understands and acknowledges that in order to provide the best e-commerce shopping experience to Customers, the prompt, accurate and proper shipping of Goods is necessary. Failure to do so may result in Customer dissatisfaction, credit card or payment system chargebacks, and ultimately in harm to Client’s brands and Lingble. As such, Client shall follow the below:
4.1. Orders and Shipping Timing.
a) Goods must be shipped within 48 hours (two business days) of receiving an order in the Store.
b) In the event Client cannot ship a Good within the required two business days, Client shall notify Lingble immediately and provide an estimated shipping time to be communicated to Customer.
4.2. Failure to ship on time. Repeated delays in shipping by Client that result in harm to the reputation of the Store or Lingble shall amount to a material breach of the Agreement.
4.3. Pre-orders and customized items: The 48-hour shipping period shall not apply to pre-order, back-order and customized items as long as Client specifies in the Store the approximate shipping time for any such products or otherwise Customer agrees to a delay due to the item being a pre-order, back-order or customized item. Client shall make commercially reasonable efforts for the shipping timing for any such products displayed on the Store to be accurate within a 5-day margin of error.
4.4. Shipping Methods. Regardless of the economic responsibility for shipping costs, the shipping of Goods shall be done with and through Lingble’s own designated logistics provider and under Lingble’s accounts with such logistics providers. If, however, Client has no applicable Order Form for Shipping Services with Lingble, Client may choose to use its own express and trackable shipping methods via DHL, FedEx, UPS or other express shipping services that ensure Goods can be delivered globally within 5 business days from pickup (subject to delays due to force majeure or similar events (e.g., COVID-19)).
5. Packaging. Client is responsible for packing the products adequately to ensure that any risk of damage during transit is minimized, including the inclusion of any additional bagging or padding (bubble wrap, boxing or otherwise) prior to placing the Goods in the shipping packaging . All fragile items that may be damaged or broken in transit should be wrapped individually in additional protective packaging as Client deems reasonably necessary to protect the Goods in transit prior to placing the Goods in the shipping packaging, box or bag.
6.1. Customs Cooperation. Client shall cooperate with Lingble and its designated logistics Clients in the provision of any information reasonably requested for the purpose of calculating and managing customs and importation matters for the Goods.
6.2. Pro-Forma Invoice and Airway Bill. Other than in the limited circumstances described in Policy 6.1 (above), in the event that Lingble prepares the Pro-Forma Invoice or Air Waybill for any given shipment, Client will not alter such Pro-Forma Invoice or Air Waybill provided by Lingble nor use a different Pro-Forma Invoice or Air Waybill than that which is provided by Lingble. Any alteration of the Air Waybill or the Pro-Forma Invoice in a manner that is not explicitly permitted by these policies (or by Lingble in writing) will be done at Client’s own risk and Client shall bear the risk of customs duties disputes that may arise with Customers and be solely responsible for handling any customs issues that may arise in relation to the shipment of Goods for which the Pro-Forma Invoice or Air Waybill was altered in violation of this Policy.
7. Returns. Client understands and acknowledges that in order to provide the best e-commerce shopping experience to Customers, being reasonably flexible and accepting the return of Goods is necessary. Failure to do so may result in Customer dissatisfaction and ultimately in harm to the reputation and performance of the Store, Client and Lingble. As such, Client agrees to the following:
7.1. Customer Right of Return. Customers may return Goods for any reason whatsoever up to at least 7 days from the date on which delivery has been confirmed at the Customer’s shipping address (the “Delivery Date”).
7.2. Timing of Returns. Client shall accept Customer returns up to at least 10 days from the Delivery Date. A return is deemed to be timely as long as the shipment was initiated (pickup was scheduled or evidence of shipment provided by Customer) within such time frame. Client will make a good faith effort to make exceptions on a case-by-case basis for reasonable violations of the deadline to maintain Customer satisfaction.
7.3. Condition of Returned Goods. Client shall accept all timely returns unless:
a) 5% or more of the surface area of the product is visibly damaged, or
b) even if less than 5% of the surface area of the product is visibly damaged, a fundamental feature (whether aesthetic or otherwise) of the product has been damaged and it affects the further marketability and usability of the product. This will be determined on a case-by-case basis and Client will provide photographic evidence of the damage.
7.4. Final Return Decisions. Final decision as to whether a return is accepted shall be made by Client within 48 hours (two business days) of receiving returned Goods, after which Lingble shall process the refund or exchange, as applicable.
7.5. Lingble’s Right to Accept Returns. Notwithstanding the foregoing, if Client decides not to accept a returned Good (a “Rejected Returned Good”), Lingble shall have the right to (but no obligation to) accept such Rejected Returned Good for itself if it deems it necessary in order to maintain a Customer’s satisfaction and protect the Store and its business. If Lingble exercises its right to accept a Rejected Returned Good, title of such Rejected Returned Good will immediate transfer to Lingble and Client shall receive payment for any such Rejected Returned Good from Lingble at cost to Client (and in no event, at more than 30% of the lowest available official retail price of such Good). Any Rejected Returned Goods that Lingble chooses to accept for itself shall appear in the Monthly Statement for the month in which such Rejected Returned Goods were accepted. Client will be responsible for arranging and paying for shipping to one of Lingble’s warehouses or offices. Lingble shall not sell any such Rejected Returned Goods externally.
8. Amendments. Lingble may from time to time amend the Operating Policies. However, Lingble shall notify Client of any proposed amendments electronically in writing at least 30 days before posting them on this page.
9. Objection to Amendments. Client may object to any proposed amendments to the Operating Policies promptly in writing within ten (10) days after receipt of Lingble’s notice of a proposed amendment. In the event Client objects to a proposed amendment, Lingble will consider Client’s objection prior to the implementation of the amendment. If Lingble decides to proceed with the amendment and not provide an exception to such amendment to Client, Client may terminate the Services in the applicable Order Form(s) with respect only to those Services which are affected by the amendment.
10. Conflict of Terms. If any provision contained in Operating Policies is in conflict with, or inconsistent with, any provision in the Agreement, the provision contained in Operating Policies shall govern and control.