Operating Policies

Operating Policies

(Formerly “Partner Operating Policies”)

 

THESE OPERATING POLICIES (THE “OPERATING POLICIES”) MUST BE READ IN CONJUNCTION WITH THE E-COMMERCE SERVICES AGREEMENT SIGNED BETWEEN PARTNER AND LINGBLE (THE “E-COMMERCE SERVICES AGREEMENT”) AND THE   TERMS AND CONDITIONS  (TOGETHER WITH THE E-COMMERCE SERVICES AGREEMENT AND THE OPERATING POLICIES, THE “AGREEMENT”). CAPITALIZED TERMS USED BUT NOT DEFINED HEREIN SHALL HAVE THE MEANINGS ASSIGNED TO THEM IN THE E-COMMERCE SERVICES AGREEMENT.

Last updated November 14, 2018

1.  Designated Contacts. Partner shall designate a person (or as many as deemed necessary) to be the primary contact (or contacts) for Lingble inquiries and day-to-day operation of the Store. Having designated contacts will help prevent miscommunications between Lingble and Partner and allow Lingble to serve Customers effectively and efficiently. Lingble will strive to minimize the operational and communication burden to Partner.

2.  Inquiries. All 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 Partner information needed to adequately respond to Customer inquiries. Partner 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 Partner, Lingble and the reputation of the Store. As such, Partner agrees that Customer support enquiries from Lingble shall be responded to by Partner within 24 business hours (one business day) from receiving the inquiry via email to the applicable designated contact specified in Policy 1, above.

3.  Shipping. Partner understands and acknowledges that in order for Lingble 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 Partner’s brands and Lingble. As such, Partner agrees to the following:

3.1.  Orders and Shipping Timing. Upon completion of an order on the Store, Lingble will generate an Order Message, which will be sent to the designated contact specified in Policy 1, above.

a) Partner shall follow Lingble’s  instructions to ship.

b) Goods must be shipped within 48 business hours (two business days) from the moment  an order is received in the Store.

c) In the event Partner cannot ship a Good within the required two business days, Partner shall notify Lingble immediately and provide an estimated shipping time to be communicated to Customer.

3.2. Failure to ship on time. If there are any chargebacks requested of credit card or other payment services or processing companies (such as PayPal) by Customers as a result of delays in shipping, the cost of such chargebacks will be borne solely by Partner. Lingble, however, will make a reasonable effort to prevent any chargebacks by managing Customer expectations when there is a known shipping delay. Repeated delays in shipping by Partner on an on-going basis that result in harm to the reputation of the Store or Lingble will be considered a breach of Section 9 of the E-Commerce Services Agreement and may amount to a material breach of the Agreement. 

3.3.  Pre-orders and customized items: The 48 business hour shipping period shall not apply to pre-order and customized items as long as Partner advises Lingble in writing the approximate shipping time for any such products. The shipping time will be reflected on the product page to notify customers that such items may take longer to ship. The shipping timing for any such products must be accurate to a 5-day margin of error.

4.  Packaging. Partner shall package Goods specified in the Order Message (Lingble suggests using packaging provided by the courier, carrier or shipper company or Partner’s own branded custom packaging) in preparation for the scheduled pickup. Partner is responsible for packaging 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 Partner deems reasonably necessary to protect the Goods in transit prior to placing the Goods in the shipping packaging, box or bag.

5.  Customs.

5.1.  Country of Origin. Partner will make a good faith effort to provide Lingble Country of Origin information for all its SKUs, which will enable Lingble to automatically prepare Pro-Forma shipping invoices for the Goods. In the event Partner does not provide such information in advance to Lingble, Partner shall be responsible for completing the Country of Origin section of the Pro-Forma invoice with the relevant country code.

5.2.  Other Information. Partner shall cooperate with Lingble in the provision of any information reasonably requested for the purpose of calculating and managing customs and importation matters for the Goods.

5.3.  Pro-Forma Invoice and Airway Bill. Other than in the limited circumstances described in Policy 5.1 (above), in the event that Lingble prepares the Pro-Forma Invoice or Air Waybill for any given shipment, Partner 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 deemed a voidance of Section 9.5 of the E-Commerce Services Agreement and Partner shall bear the risk of customs duties disputes that may arise with Customers and be 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 5.3. 

6.  Returns. Partner understands and acknowledges that in order for Lingble 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 Lingble brands (including the reputation and performance of the Store). As such, Partner agrees to the following:

6.1.  Return Procedures. Return procedures of the Store will be determined solely by Lingble in consultation with Partner.

6.2.  Return Fee. Partner will be responsible for a return fee calculated monthly in accordance with the E-Commerce Services Agreement or other side agreement, as determined by Lingble. Such fees will be deducted from the Partner’s Allocation and reflected in the Monthly Statement.

6.3.  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”).

6.4.  Partner’s Obligation to Accept Returns (Timing). Partner 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) within such time frame. Lingble shall communicate to Partner whenever Lingble discovers that a return has been made past the return deadline. Partner will make a good faith effort to make exceptions on a case-by-case basis for reasonable violations of the deadline at its sole discretion if it deems it necessary to maintain Customer satisfaction.

6.5. Partner’s Obligation to Accept Returns (Condition of Goods). Partner 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 Partner will provide photographic evidence of the damage.

6.6.   Final Return Decisions. When it is unclear whether a return can be made under Policies 6.4 and 6.5, the final decision as to whether the return shall be accepted shall be made by Partner, in consultation with Lingble. Partner agrees to make a good faith effort to consider Lingble’s advice and recommendation on all unclear return decisions.

6.7.  Lingble’s Right to Accept Returns. Notwithstanding Policy 6.6, if Partner decides not to accept a returned Good (a “Rejected Returned Good”) under Policy 6.6, Lingble has 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 Partner shall receive payment for any such Rejected Returned Good from Lingble at cost to Partner (and in no event, at more than 40% 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, and shall be paid in accordance with the terms of Section 7.5 of the E-Commerce Services Agreement. Partner will be responsible for arranging and paying for shipping to Lingble’s warehouse in Japan of any Rejected Returned Goods that Lingble chooses to accept for itself. Lingble may dispose of or sell such Goods at its own discretion.

7.  Amendments. Lingble may from time to time amend the Operating Policies at its sole discretion. Lingble will notify Partner of any changes made that Lingble deems to be material for the operations of the Store. Amendments will become effective immediately upon the posting of such changes on the Lingble website. Partner is responsible for reviewing the Operating Policies regularly to inform itself of the latest policies applicable to it. .