Oberlo Marketplace Merchant Policy

Last updated: September 25, 2018

  1. Definitions
    1. Unless otherwise defined in this Oberlo Marketplace Merchant Policy (“Merchant Policy”), any capitalized terms have the meanings given to them in the Oberlo Merchant Terms of Service available at [https://www.oberlo.ca/oberlo-merchant-tos].
  2. Merchants and Communication
    1. Merchants must not require or influence Marketplace Suppliers to: (i) communicate, trade, or transact outside of the Services; (ii) use other marketplaces; or (iii) otherwise cease using the Marketplace.
    2. Merchants may only communicate with Marketplace Suppliers via the communication tools provided by the Services.
    3. Any information communicated or provided by or on behalf of Merchants must be relevant, accurate, and presented in a respectful and professional manner. Abusive behaviour and/or language by Merchants towards Oberlo, Marketplace Suppliers or Buyers is strictly prohibited and will not be tolerated.
  3. Product Description
    1. All available information about a Product is provided within the Marketplace on the Marketplace Supplier’s product page. Merchants may contact the Marketplace Supplier for additional Product related information via the communication tools provided by the Services, however, the Marketplace Supplier is under no obligation to provide such additional information on their Product.
    2. Merchants can provide information about Products to prospective Buyers, including with respect to Product measurements, however, Merchants should be aware that measurement standards are not the same in every jurisdiction. Merchants are responsible for providing accurate information to their Buyers, including ensuring that, where provided, any applicable measurements of Products conform with the applicable measurement standards of the Buyer’s jurisdiction.
    3. Merchants must comply with any applicable laws and regulations related to their use of the Marketplace, including with respect to Products they procure via the Marketplace and resell to Buyers.
    4. Samples of Products are not provided by the Marketplace Suppliers on the Marketplace. Merchants who wish to evaluate a Product prior to offering for sale and/or selling to their Buyers are encouraged to order a Product from the Marketplace Supplier for quality assessment and inspection purposes.
    5. Oberlo does not pre-screen Products made available via the Marketplace. Oberlo may, but have no obligation to, review and remove listings of Products that we determine in our sole discretion violate this Merchant Policy, the Terms of Service, the Policies or the Shopify Terms of Service.
  4. Product Pricing
    1. With the exception of order shipping pricing in connection with an existing fully paid but unfulfilled Product order, Marketplace Suppliers have the right to change Product information and order shipping pricing from time to time in connection with any Products they offer for sale and/or sell on the Marketplace without prior notice to Merchants. It is the Merchants responsibility to monitor for any such changes on the Marketplace.
  5. Product Quantity and Availability
    1. Products listed for sale on the Marketplace by Marketplace Suppliers are not reserved for any particular Merchant and as such, the quantities of such Products may be distributed across any Merchants who purchase such Products to sell to their Buyers.
    2. Marketplace Suppliers do not guarantee inventory levels of Products they list on the Marketplace, nor do they guarantee restocking of such Products.
    3. Oberlo is not responsible for inventory levels of Products listed by Marketplace Suppliers on the Marketplace and it is recommended that Merchants confirm and monitor Product inventory levels and restocking capacity with Marketplace Suppliers via the Marketplace, particularly before considering any significant increases in order volume, such as for example in anticipation of marketing campaigns.
    4. Oberlo and Marketplace Suppliers are not required to provide advance notice to Merchants of Products that are unpublished and/or removed from the Marketplace.
  6. Delivery
    1. Fulfillment and shipping of a Merchant’s order will only occur after full payment is made by the Merchant in respect of such order. Merchant will be provided with a tracking number for each fulfilled order through the Marketplace. An order is deemed to be shipped when the Marketplace Supplier provides an activated tracking number showing the first checkpoint in the shipping process has occurred
    2. A Merchant must select a shipping carrier at the time the Product order is placed. In the event that a Supplier is unable to ship an order with the Merchant’s originally selected carrier, the Supplier may use a different carrier provided that: (i) the order's delivery timeframe must not exceed the delivery timeframe of the carrier originally selected by the Merchant; and (ii) the Merchant is not required to pay any additional shipping fees.
    3. Merchants must ensure that the Buyer's shipping information provided in any order is valid and provided in English. The Marketplace Supplier has the right to cancel any orders containing Buyer shipping information that is invalid or not in English. If an order containing invalid Buyer shipping information, or Buyer shipping information that is not in English, is shipped by the Marketplace Supplier but is unable to be delivered to the Buyer, such order delivery failure will be deemed Merchant’s fault and the Merchant will not be eligible for a refund or order re-shipment.
    4. Merchants must ensure that they provide accurate telephone details for Buyers. The Marketplace Supplier has the right to cancel any orders where the Merchant fails to provide this information. Moreover, if the Merchant fails to provide such information and the Marketplace Supplier is unable to deliver the Product(s) to Buyer, the delivery failure will be deemed Merchant’s fault and Merchant will not be eligible for a refund or order re-shipment.
    5. Products are only delivered to the countries designated by Marketplace Suppliers in the Product listings in the Marketplace. Merchants should ensure they have checked all of the applicable delivery details, such as the countries that Marketplace Suppliers deliver Products to, delivery method, estimated delivery time and cost within each Product page, as they may vary depending on the Marketplace Supplier. Marketplace Suppliers have the right to change delivery details on a Product’s page within the Marketplace from time to time and without prior notice, however, such change will not apply to any Products that have been ordered by a Merchant that are unfulfilled at the date of such change.
    6. Holiday or other events (an “Event”) may cause delays in delivery of orders. When Oberlo becomes aware of any such possible delays, it will, where reasonably possible, inform Merchants via the Service at least seven (7) business days before such Event takes place. Merchants are then responsible for informing their Buyers about possible delays in the delivery of the Buyer’s order due to such Event, including any applicable adjustments in fulfilment and delivery deadlines.
    7. Depending on the method of delivery, the Marketplace Supplier may include Product price(s) on an order’s shipping label for customs clearance reasons. Neither Oberlo nor Marketplace Suppliers are responsible for any difference in price indicated on the shipping label and the price charged by Merchants to Buyers.
    8. Merchants are responsible for informing Buyers of any applicable customs duties/taxes that may apply to Buyers’ orders and Buyers are responsible for paying such charges. Oberlo has no visibility into, or responsibility for, such charges.
  7. Order Cancellations, Refunds, Returns and Disputes
    1. Merchants may cancel an order at any time before such order is fulfilled, except in cases where the such order is marked as “in processing” in the Marketplace. In the context of this Section 7(a), fulfillment occurs and order is shipped when the Marketplace Supplier has provided a tracking number for the order showing the first checkpoint in the shipping process has occurred.
    2. If a Merchant’s order is not fulfilled and shipped (i.e., the Marketplace Supplier has not provided an activated tracking number showing the first checkpoint in the shipping process has occurred) within seven (7) calendar days of the date the Merchant submitted the order and paid in full, the Merchant has the right to request and receive a refund on such order.
    3. If the order exceeds the estimated delivery time or an adjusted estimated delivery time resulting from one or more Event(s) as described in Section 6(f)), the Merchant has the right to request and receive a refund on such order. If after such cancellation and refund the order is delivered, the Merchant is not required to return the order and the Merchant is under no obligation to pay for such order. In this context, delivery time is calculated from the date the order is submitted and paid in full by the Merchant until the date the order is delivered in full to the Buyer.
    4. If the Buyer received incorrect, defective, not as described, used, damaged, or poor quality Product(s), the Merchant has a right to open a dispute via the Services and request a full refund (“Dispute Ticket”). Merchants have fourteen (14) calendar days after the date of delivery of the order to request a refund for an incorrect or damaged product. The Marketplace Supplier must reply to any Dispute Tickets within two (2) business days of the date initiated by the Merchant. This timeline applies to all communications from the Merchant relating to the Dispute Ticket, including the first communication from the Merchant initiating the Dispute Ticket, as well as any subsequent communications from the Merchant that arise through the Dispute Ticket. The Merchant must provide documentary evidence to support specific claims raised in the Dispute Ticket within five (5) business days of initiating the Dispute Ticket. If the Merchant fails to do so, the Marketplace Supplier can reject refund of the portion(s) of the Dispute Ticket pertaining to the unsupported claims. The information provided by the Merchant in the Dispute Ticket must be relevant, accurate, descriptive and presented in a professional manner. Abusive behaviour and language by Merchants towards Oberlo, Marketplace Suppliers or Buyers is strictly prohibited and will not be tolerated. If the Dispute Ticket is not resolved by the Merchant and the Marketplace Supplier within ten (10) calendar days of initiation, Oberlo 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. Merchants are required to respond to any general disputes (“General Dispute Tickets”) issued via the Services by Oberlo within five (5) calendar days. The obligations set forth in this Section 7 only apply to Dispute Tickets and General Dispute Tickets initiated through the Services. The Merchant should not respond to any Marketplace Suppliers requests to resolve disputes and/or issue refunds outside of the Services and in such case, the Merchant should immediately direct the Marketplace Supplier to the Oberlo dispute resolution procedure.
    5. In the event that a refund is made to Merchant pursuant to this Section 7, 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. All communications between Marketplace Supplier and Merchant respecting the details of the return delivery must be made through the Services.
    6. An order is not eligible for return or a refund if the Product(s) received by the Buyer match the ordered Product(s) and such Product(s)are not damaged or defective.
    7. A Marketplace Supplier is responsible for an order until it has been delivered to the Buyer in full, with the exception of cases where 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 the Marketplace Supplier, Buyer failed to accept the delivery, the order was not picked up by Buyer from the post office, etc.)
    8. In cases where an order could not be delivered in full due to the fault of the Merchant or Buyer (as described in Section 7(g)), 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 return cost in such case is the responsibility of the Marketplace Supplier. For clarity, Marketplace Suppliers are not responsible for the return cost of orders if they have not requested such return from the Merchant.
  8. Rules Breach and Account Suspension
    1. Oberlo has the right to suspend or terminate the Merchant’s Oberlo Account for breach of any of the rules in this Merchant Policy.
    2. In the event of a termination, the Merchant’s access to the Oberlo Account is denied and any outstanding unfulfilled orders will not be processed by the Marketplace.
    3. In the event of a suspension, the Merchant’s access to the Oberlo Account is restricted and any outstanding unfulfilled orders will not be processed by the Marketplace.
  9. Miscellaneous
    1. Oberlo is not liable or responsible for any direct agreements between Marketplace Suppliers and Merchants, and will not provide Merchants with any agreements pertaining to Marketplace Supplier’s drop-shipping service.
    2. Oberlo reserves the right to modify and/or change any of the rules contained in this Merchant Policy at any time without prior notice. Such changes will be effective as of the date of posting or as expressly communicated to the Merchant(s) in writing. Any modifications or changes to this Merchant Policy will be available at [https://www.oberlo.ca/oberlo-marketplace-merchant-policy] or will be communicated directly to the Merchant(s) via the Oberlo Service.
    3. This Merchant Policy and any other rules, guidelines or policies incorporated by reference (“Oberlo Policies”), may be available in languages other than English. To the extent of any inconsistencies or conflicts between the English Oberlo Policies and Oberlo Policies available in other languages, the most current English version of the Oberlo Policies at [https://www.oberlo.ca/oberlo-marketplace-merchant-policy] will prevail.

Questions about this Merchant Policy should be sent to us at help.supply@oberlo.com