Marketplace Supplier Policy

 

 

  1. Definitions
    Unless otherwise defined in this Monument Build Marketplace Supplier Policy (“Supplier Policy”), any capitalized terms have the meanings given to them in the Monument Build Marketplace Supplier Terms of Service.
  2. Marketplace Suppliers
    1. As part of the registration process with Monument Build, the Marketplace Supplier must provide proof of incorporation or business formation in the jurisdiction in which Marketplace Supplier’s business is registered.
    2. The Marketplace Supplier must not require or influence Merchants to: (i) trade, or transact outside of the Services; (ii) use other marketplaces; or (iii) otherwise cease using the Services.
    3. The Marketplace Supplier and Merchants may only communicate via the communication tools provided by the Services.
    4. The Marketplace Supplier must not use any Buyer information in any manner other than in connection with shipping the order to the Buyer. The Marketplace Supplier must not contact or communicate with the Buyer (directly or indirectly) under any circumstance. In the event that a Buyer attempts to communicate with the Marketplace Supplier, the Marketplace Supplier will immediately notify Monument Build.
    5. The Marketplace Supplier must ensure that any promotional or marketing materials, Marketplace Supplier labels, logo, warranty documentation or price tags are removed from packaging and shipping labels before shipping to the Buyer, however, if the Marketplace Supplier is selling its own brand of Products, the Marketplace Supplier is permitted to include its own brand label and/or logo on the packaging and/or shipping label of the order.
    6. The Marketplace Supplier must not purchase its own goods (directly or indirectly) on the Marketplace or perform any fraudulent or dishonest acts on or via the Marketplace, including any activities intended to manipulate or produce false reviews and/or ratings.
    7. The Marketplace Supplier must not use the Marketplace or other Monument Build branding, for any marketing or promotional activities, or include the “Monument Build Marketplace” or other Monument Build branding in the Marketplace Supplier’s store name or Marketplace Supplier product listings, without Monument Build’s express written consent.
  3. Holidays and Events
    1. The Marketplace Supplier must inform Monument Build of any holiday or event (an “Event”) that would have an impact on Marketplace Supplier’s ability to:
      1. fulfill orders within the timelines set out in this Supplier Policy;
      2. deliver orders within the timelines set out in this Supplier Policy; and/or
  • adhere to the dispute resolution timelines set forth in Section 8 of this Supplier Policy.
  1. The notification required in Section 3(a) must be provided to Monument Build at least fourteen (14) calendar days in advance of the applicable Event, and include sufficient information on how Marketplace Supplier’s performance is expected to be impacted by the Event, including, where applicable, the anticipated delay (in days) for fulfillment, delivery or dispute resolution timelines.
  1. Products
    1. All information included in the product listing (e.g., images, dimensions, materials, descriptions, etc.) must accurately describe the Product it is associated with. All product listings must include only real products that Marketplace Supplier is capable of fulfilling within the timelines described in this Supplier Policy.
    2. A Marketplace Supplier must not list: (i) products for which it has no stock; (ii) non-existent products; (iii) products that are “coming soon”; or (iv) products that are available for rental or lease. Fake listings for promotion, announcement or for the sole purpose of sharing images and/or other information are strictly prohibited. A Marketplace Supplier may not create a product listing that is solely intended as an advertisement (e.g., notices of sales or promotions).
    3. Products cannot be bundled or grouped together in a single product listing unless they are being sold and shipped together.
    4. Additionally, the Marketplace Supplier cannot sell:
      1. Prohibited products;
      2. Used or poor quality products;
  • Duplicate products (e.g., the same products published multiple times);
  1. Previously removed/suspended products without Monument Build’s express written approval;
  2. Products that are conditional upon the purchase of another Product.
  1. The Marketplace Supplier cannot hide branded, licenced or otherwise copyright-infringing products under regular product listings.
  2. If a Marketplace Supplier violates any one of Sections 4(a) through 4(e) above, or if Monument Build deems a Marketplace Supplier’s product listing to bring little or no value to the Marketplace (e.g., the product listing pertains to already existing products, irrelevant products, etc.) then Monument Build has the right, at its sole discretion, to remove such product listing from the Marketplace and, in the case of violations of any one of Sections 4(a) through 4(e) above, suspend or terminate the Marketplace Supplier’s Monument Build account.
  3. The Marketplace Supplier must also review and comply with Monument Build’s Product Listing Guidelines.
  4. By listing Products on the Marketplace for sale, Marketplace Supplier acknowledges and agrees that Merchants who purchase Marketplace Supplier’s Products will be reselling such Products to Buyers via Merchant’s online stores. Moreover, through use of the Marketplace Supplier acknowledges and agrees that Marketplace Supplier has no control over: (i) the platform Merchants may elect to use to resell Marketplace Supplier’s Products; (ii) where Merchants may elect to resell and import Marketplace Supplier’s Products; or (iii) what price Merchants charge Buyers for Marketplace Supplier’s Products. Marketplace Suppliers must not list products on the Marketplace for which they have any special requirements respecting brand placement, sales channel placement, Merchant selection, or pricing control.
  1. Product Inventory
    1. The Marketplace Supplier must update weekly the Product inventory it has provided to Monument Build to reflect Marketplace Supplier’s most up-to-date stock information.
  2. Licensing and Certification
    1. The Marketplace Supplier must ensure it has any applicable license, certification, permit or other documentation proving that it is authorized to sell any Product Marketplace Supplier lists through the Marketplace. The Marketplace Supplier will, upon request, provide Monument Build with a copy of such license, certification, permit or other documentation. Some common license and/or certification requirements may include, but are not limited to, those applicable to branded goods, electronic products, chemical and other related products, toys, textile products and products that make health claims.
    2. Marketplace Supplier must ensure it has obtained any applicable license, permit or other documentation required by the laws of Marketplace Supplier’s jurisdiction and the Buyer’s jurisdiction to ship the relevant Product(s) to the Buyer’s country (as indicated by the Merchant at the time the transaction is processed on the Services) and Marketplace Supplier will provide Monument Build with copies of such license, permit or other documentation upon request. The Marketplace Supplier shall be solely responsible (including, where applicable, for any refunds in connection with failure of Marketplace Supplier to deliver orders in accordance with Section 9 of this Supplier Policy), if Marketplace Supplier’s Products are detained by customs due to a failure on the part of the Marketplace Supplier to provide customs with the applicable license, permit or other required documentation.
    3. If Marketplace Supplier cannot provide Monument Build with the requested documentation in Sections 6(a) and 6(b) above, Monument Build reserves a right to issue refunds for any historical orders that included the applicable product(s) at Marketplace Supplier’s sole expense, and Monument Build will have the right to set off the refunded amounts against any Payout Amounts applicable to future orders.
    4. Failing to comply with the requirements in this Section 6 will result in immediate removal of the Marketplace Supplier’s non-compliant product listings from the Marketplace and, at Monument Build’s sole discretion, the potential suspension or termination of Marketplace Supplier’s Account.
  3. Order Cancellations, Refunds and Returns
    1. Refunds to Merchants will be issued for any of the following reasons:
      1. Buyer received an incorrect, defective or damaged product.In such case, the Merchant must provide Marketplace Supplier with documentary evidence via the Services that the Product is damaged or does not match the Product ordered. In the event that Merchant fails to provide such documentary evidence as set out in Section 8 of this Supplier Policy, or such documentary evidence does not sufficiently support the Merchant’s claimed grounds for refund (e.g., a poor quality image makes it too difficult to identify the problem), the Marketplace Supplier is eligible to reject the refund request. If the Marketplace Supplier does not respond to the Merchant’s refund request within two (2) business days, Monument Build administrators may step in to investigate the claim and make a final decision as to whether to provide a refund or reject the refund request based on Monument Build’s review of any submitted documentary evidence. Any refund to the Merchant in connection with the foregoing will be at the Marketplace Supplier’s expense. Merchants have fourteen (14) calendar days after date of delivery of the order to request a refund.
      2. Marketplace Supplier breaches any rule contained in this Supplier Policy, as determined by Monument Build at its sole discretion, including but not limited to failure of the Marketplace Supplier to meet the shipping requirements set forth in Section 9.
    2. In the event that a refund is made to Merchant pursuant to Section 7(a) of this Supplier Policy, the Products will not be returned to Marketplace Supplier, unless such Product cost is above $50 USD and the Marketplace Supplier explicitly requests the Product be returned. In such case, the Marketplace Supplier is responsible for arranging and covering all costs associated with return delivery, including Product pickup.
    3. A Marketplace Supplier is responsible for an order until it has been delivered to the Buyer in full, with the exception of cases where a Marketplace Supplier can demonstrate that the order could not be delivered in full due to the fault of the Merchant or Buyer (e.g., an incorrect address was provided to Marketplace Supplier, Buyer failed to accept the delivery, the order was not picked up by Buyer from the post office, etc.).
    4. In cases where the Marketplace Supplier can demonstrate by providing evidence that an order could not be delivered in full due to the fault of the Merchant or Buyer (as described in Section 7(c) of this Supplier Policy), the Marketplace Supplier will receive the full payment associated with the order and will not be required to reship the order. If the order is returned to the Marketplace Supplier, the Marketplace Supplier is eligible to keep the Product(s) associated with the order and the return cost in such case is the responsibility of the Marketplace Supplier.
  4. Disputes
    1. The Marketplace Supplier must reply to any dispute related tickets initiated by the Merchant within two (2) business days of the date initiated by Merchant. Merchants are required to respond to any general disputes issues initiated by Monument Build within five (5) calendar days.
    2. If the Merchant fails to provide documentary evidence to support specific claims raised within five (5) business days of initiating the dispute, the Marketplace Supplier can reject refund of the portion(s) pertaining to the unsupported claims.
    3. The information provided by Marketplace Supplier in response to the dispute must be relevant, accurate, descriptive and presented in a professional manner. Abusive behaviour and language by Marketplace Suppliers towards Monument Build, Merchants or Buyers is strictly prohibited and will not be tolerated.
    4. If the dispute is not resolved by the Merchant and the Marketplace Supplier within ten (10) calendar days of initiation, Monument Build may, at its sole discretion, step in and investigate the specific claim(s) and make a decision to accept or reject the claim and take corrective action, including without limitation refunding the Merchant at Marketplace Supplier’s expense.
  5. Shipping
    1. The Marketplace Supplier must fulfill and ship the order no more than seven (7) calendar days after receiving such order from the Merchant unless other fulfillment arrangements have already been agreed upon. An order is deemed to be shipped when the Marketplace Supplier: (i) packages and ships the order; and (ii) provides an activated tracking number showing the first checkpoint in the shipping process has occurred. The Merchant and/or Monument Build have the right to cancel an order and, in the case of the Merchant, receive a refund, or, in the case of Monument Build, issue a refund to the Merchant, if the Marketplace Supplier fails to comply with this requirement.
    2. The Marketplace Supplier must deliver the order within the timeframe indicated in the shipping settings within the Marketplace. Marketplace Supplier’s delivery time is calculated as: (i) the timeframe indicated in Section 9(a); plus (ii) the timeframe for the shipping carrier to deliver the order in full to the Buyer. If the actual order delivery time exceeds the Marketplace Supplier’s indicated delivery time or an adjusted delivery time resulting from one or more Events as described in Section 3 of this Supplier Policy, Monument Build reserves the right to cancel such order and issue a refund to the Merchant.
    3. The Marketplace Supplier must provide a tracking number that is fully trackable for both the origin and destination country information. In the event the tracking number changes during the course of order fulfillment, Marketplace Supplier must upload the new tracking number to the Services. Any new tracking number uploaded to the Services will not change the deadlines indicated in Sections 9(a) and 9(b).
    4. The Marketplace Supplier must provide tracking number information that matches the corresponding order information (e.g., destination country).
    5. Marketplace Suppliers must ship the order using the agreed carrier selected by the Merchant at the time the order is placed. In the event that a Marketplace Supplier is unable to ship an order with the Merchants originally selected carrier, the Marketplace Supplier can use a different carrier provided: (i) the order’s delivery timeframe must not exceed the delivery timeframe of the carrier originally selected by the Merchant; (ii) the tracking number must be fully trackable as described in Section 9(c); and (iii) the Merchant is not required to pay any additional shipping fees.
    6. Marketplace Suppliers must use carriers that provide delivery service to the final destination of the order (e.g., the actual delivery address of the Buyer and not the nearest post office).
    7. Delivery times provided by the Marketplace Supplier must not exceed any applicable Monument Build by more than 20%.
    8. Marketplace Suppliers cannot add any mark up on the shipping fees charged by the carrier. Marketplace Suppliers must set-up shipping fees to reflect the real and actual cost to deliver the products as documented by the carrier.
    9. The Merchant has a right to cancel an order if the tracking number has not yet been provided to Monument Build by the Marketplace Supplier and the order hasn’t been marked as “in processing” by such Marketplace Supplier, including situations where the Marketplace Supplier has not provided the tracking number within seven (7) calendar days of submitting the order.
    10. In the event that a delivery or fulfillment delay is caused by the Buyer, the Merchant or Monument Build, the delivery or fulfillment timeline for the Marketplace Supplier will be extended by the period of time caused by such delay.
  6. Invoicing, Payouts and Transaction Fees
    1. The Marketplace Supplier is responsible for directly invoicing the Merchant.
    2. In the event that a Marketplace Supplier decides to discontinue its use with the Marketplace, the Marketplace Supplier must: (i) provide thirty (30) days advance notice to Monument Build via supply@monumentbuild.com; (ii) refrain from removing Products during the thirty (30) day notice period; and (iii) refrain from cancelling existing unfulfilled orders.
  7. Rules Regarding Breach, Account Suspension and Termination
    1. Monument Build has the right to temporarily or permanently suspend or terminate the Marketplace Supplier’s Account for breach of any of the rules in this Supplier Policy.
    2. In the event of a suspension:
      1. The Marketplace Supplier’s access to the Account is restricted;
      2. The Marketplace Supplier’s products are unpublished from the Marketplace;
      3. Any unfulfilled orders as of the suspension date are cancelled and refunded to Merchant at Marketplace Supplier’s expense.
  1. In the event of a termination:
    1. The Marketplace Supplier’s access to the Account and the Marketplace is denied;
    2. The Marketplace Supplier’s products are removed from the Marketplace;
    3. Any outstanding/unfulfilled orders as of the termination date are cancelled by Monument Build and refunded to Merchant at Marketplace Supplier’s expense;
    4. Any outstanding balance owed to Monument Build for Marketplace Supplier’s use of the Marketplace through the effective date of such termination will immediately become due and payable in full.
  1. Miscellaneous
    1. Except as otherwise agreed to in writing by an Marketplace Supplier and Monument Build, Monument Build reserves the right to modify and/or change any of the rules contained in this Supplier Policy at any time without prior notice. Such changes will be effective as of the date of posting or as expressly communicated to the Supplier(s). Any modifications or changes to this Supplier Policy will be communicated directly to the Supplier(s) via the Monument Build Service or via e-mail.
    2. Questions about the Supplier Policy should be sent to us at: supply@monumentbuild.com.
    3. This Supplier Policy and any other rules, guidelines or policies incorporated by reference (“Monument Build Policies”), may be available in languages other than English. To the extent of any inconsistencies or conflicts between the English Monument Build Policies and Monument Build Policies available in other languages, the most current English version of the Monument Build Policies will prevail.