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Totaram Vendor Terms & Conditions

Vendor Terms & Conditions

Prohibited seller activities and actions

These Prohibited Seller Activities and Actions are established to maintain a selling program that is safe for buyers and fair for sellers of both products and services. Failure to comply with the terms of this policy can result in cancellation of listings, suspension from use of Totaram tools and reports, and/or the removal of selling privileges. In addition, we do not pay sellers until we are confident our customers have received the products they ordered, and if we determine that a seller account has been used to engage in fraud or other illegal activity, remittances and payments may be withheld or forfeited.

Note: This policy is in addition to, and in no way limits, your other obligations pursuant to your seller agreement or otherwise.

General Guidelines

The following guidelines apply to both sellers of products and services. For guidelines specific to products or services, see the information following this section.

Attempts to divert transactions or buyers:

Any attempt to circumvent the established Totaram sales process or to divert Totaram users to another website or sales process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage Totaram users to leave the Totaram website are prohibited. This may include the use of email or the inclusion of hyperlinks, URLs or web addresses within any seller-generated confirmation email messages or any product/listing description fields.

Unauthorized and improper business names:

The Business Name (identifying a seller’s business entity on Totaram) must be a name that: accurately identifies the seller; is not misleading; and the seller has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a seller cannot use a business name that contains an email suffix such as .com, .net, .biz, and so on.

Inappropriate email and phone communications:

Unsolicited email and phone communications with Totaram users, email and phone communications other than as necessary for order fulfillment and related customer service, and emails and phone calls related to marketing communications of any kind (including within otherwise permitted communications) are prohibited.

Direct email addresses:

Buyers and sellers may communicate with one another via the Buyer-Seller Messaging Service, which assigns unique Totaram-generated email addresses to both parties.

Multiple seller accounts:

Operating and maintaining multiple Seller Central accounts is prohibited.

Misuse of the Totaram selling service:

If you upload excessive amounts of data repeatedly, or otherwise use the service in an excessive or unreasonable way, Totaram may in its sole discretion restrict or block your access to product feeds or any other functions that are being misused until you stop its misuse.

Misuse of ratings, feedback, or reviews:

Any attempt to manipulate ratings, feedback, or reviews is prohibited.

Ratings and feedback: The rating and feedback features allow buyers to evaluate the overall performance of a seller, helping sellers to develop a reputation within the Totaram Marketplace. You may not post abusive or inappropriate feedback or include personal information about a transaction partner. This also includes posting ratings or feedback to your own account. You may request feedback from a buyer, however you may not pay or offer any incentive to a buyer for either providing or removing feedback.
Reviews: Reviews are important to the Totaram Marketplace, providing a forum for feedback about product and service details and reviewers' experiences with products and services—positive or negative. You may not write reviews for products or services that you have a financial interest in, including reviews for products or services that you or your competitors sell. Additionally, you may not provide compensation (including free or discounted products) for a review. Review solicitations that ask for only positive reviews or that offer compensation are prohibited. You may not ask buyers to modify or remove reviews.

Misuse of sales rank:

The best seller rank feature allows buyers to evaluate the popularity of a product. Any attempt to manipulate sales rank is prohibited. You may not solicit or knowingly accept fake or fraudulent orders, including placing orders for your own products. You may not provide compensation to buyers for purchasing your products or provide claim codes to buyers for the purpose of inflating sales rank. In addition, you may not make claims regarding a product's best seller rank in the product detail page information, including the title and description.

Misuse of Search and Browse:

When customers use Totaram's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all product-related information, including keywords and search terms, must comply with the guidelines provided under Optimize Listings for Search and Browse. Any attempt to manipulate the search and browse experience is prohibited.

Product Details Page Rules

Customers first learn about your offers on a product detail page. The following policies have been established to ensure that each product detail page represents a unique item in order to deliver a single page per product and optimize the buying experience.

When you create a product detail page, you agree to the following rules and restrictions:

Using the Add a Product or bulk upload tools for any purpose other than listing products on Totaram is prohibited.
The use of false product identification information, including UPC codes, in product detail pages is prohibited.
Using product detail pages to cross-merchandise or cross-promote a product is prohibited.
Detail pages may not feature or contain Restricted Products.
All products listed on Totaram must meet North America product safety standards. Learn more about Choking Hazard Warning Requirements.
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:

Pornographic, obscene, or offensive content.
Phone numbers, physical mail addresses, email addresses, or website URLs.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders), or alternative shipping offers (such as free shipping).
Reviews, quotes, or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos, or videos.
Time-sensitive information (i.e., dates of promotional tours, seminars, lectures, etc.).

If the category you are listing in gives you the option of supplying a List Price (or MSRP), you must represent the price at which substantial sales of the product in question are made by retailers, and you are responsible for ensuring that the List Prices you provide to us remain current. If you don't have a List Price that meets these criteria, please leave the field blank.
When creating a listing or when matching a listing to an existing listing, sellers must follow Totaram listing standards for any product sold on Totaram.com.

All products should be appropriately and accurately categorized.
Product titles, product descriptions, and bullets must be clearly written and should assist the customer in understanding the product.

Product title length must not exceed a maximum of 200 characters (including spaces) in all categories. Some of the categories may have a different maximum title length than 200 characters. To know the accurate maximum title length for your respective category, please refer to your category-specific style guide.
All product images must meet Totaram image standards as well as any applicable category-specific image guidelines.
When creating a product detail page, provide only information that pertains to the features of the product in general, not the condition of your particular item. Product detail pages may be used by any other seller to list the same product. When listing an item for sale, sellers must use the offer listing pipeline. Within the offer listing pipeline, sellers are provided an opportunity to note their item's condition, quantity, price, and other seller-specific details that are relevant to a specific listing.
Do not include HTML, DHTML, Java, scripts, or other types of executables in your detail pages.

Content Guidelines

Items sold on Totaram.com must follow our content policy and guidelines.

Producers or sellers of items are expected to conduct proper research to ensure that the items created to be sold on Totaram.com are in compliance with all local, state, national, and international laws. If Totaram.com determines that the content of an item is prohibited, we may summarily remove or alter it without returning any fees the listing has incurred. Totaram.com reserves the right to make judgments about whether or not content is appropriate.

Here are some examples of prohibited content:

Pornography: Pornography; X-rated movies; home porn; hard-core material, including magazines, that depict graphic sexual acts, amateur porn and soiled undergarments. Unrated erotic videos and DVDs and properly censored erotic artwork and magazines of the type you'd find at a typical bookstore are permitted. Nudity, graphic titles, and descriptions must be sufficiently concealed with censor strips on all items containing such content.
Offensive material: What we deem offensive is probably about what you would expect. This includes items such as crime-scene photos or human organs and body parts. Totaram.com reserves the right to determine the appropriateness of items sold on our site. Also, be aware of cultural differences and sensitivities. Some items may be acceptable in one country, but unacceptable in another. Please keep in mind our global community of customers.
Illegal items: Items sold on the Totaram.com Web site must adhere to all applicable laws. This includes the sale of items by individuals outside the United States. Some items that may not be sold include any products which may lead to the production of an illegal item or illegal activity.
Stolen goods: If Totaram.com learns that an item is not the property of the seller, or was obtained through illegal means, we will immediately remove the item from our Web site.
Items that infringe upon an individual's privacy: Totaram.com holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited. Additionally, the sale of marketing lists (bulk e-mail lists, direct-mail marketing lists, etc.) is prohibited.
Solutions manuals: Manuals or teacher's editions that provide answer keys to student textbook editions are prohibited.
Recopied media: Copies, dubs, duplicates, or transfers of books, music, videos, software, images, etc., are prohibited. Just as you cannot sell a photocopied book without the author's permission, you cannot sell copies or duplicates of videos, music, video games, software, photos, etc. Likewise, you cannot sell transferred media--whether laserdisc to video, CD-ROM to cassette tape, or from the Internet to any digital format--unless explicitly approved by the author.

Replicas of trademarked items: The sale of unauthorized replicas, or pirated, counterfeit, and knockoff merchandise is not permitted.
Rights of publicity: Celebrity images and/or celebrity names cannot be used for commercial purposes without permission of the celebrity or their management. This includes product endorsements and merchandise as well as unauthorized celebrity image collections.

Important Notice for International Sellers

If you register to sell on Totaram.com from a country outside of the United States, there are important steps you must take before you begin selling. The following steps ensure a great experience for you and for customers:

To be paid, you need to provide a bank account in a country supported by Totaram. Currently, Totaram supports bank accounts in the Eurozone, United Kingdom, United States, and many other countries. Click here to see the list of supported countries.
You must accurately state the 'shipping from' country in your Totaram.com seller profile for display to customers.
You will be responsible for assuring that you will meet the shipping expectations for all orders you receive.
Products must be listed in U.S. dollars.
All customer facing content and communications must be in American (U.S.) English.
You should understand the laws that apply to you as a seller on our website and only list, sell, and export products that comply with those laws.

Important information for international sellers

Important reminder of your obligations as an international seller

When selling on our website as an international seller, there are important requirements you must follow to ensure a great experience for customers. Understanding and complying with these requirements is essential for successful international selling and is required for your participation in Totaram's international selling programs.

Before you begin selling on an Totaram marketplace website in a country outside your business location, you need to provide a bank account in a country supported by Totaram in order to get paid. In addition, you should understand the laws that apply to you as a seller on our website, and you must only list and sell products that comply with those laws. You should consult with your legal and tax advisers who understand the requirements that may apply to you so that you only offer products on the Totaram marketplace website that:

You are permitted to sell,
You are able to deliver to the customer on time, every time with no customer surprises, and
You are able support after the sale.

The following apply for each product you offer, promote or sell on an Totaram marketplace website:

Customer Expectations. You will provide customers with accurate information about the country from which you are shipping your product.
You need to state the "shipping from" country accurately in your seller profile and manage customer expectations by stating the actual shipping times from your country. You will be responsible for meeting the shipping expectations for all orders you receive.
Delivery to the Customer. You must use a reliable shipping method so customers receives their purchases on time, every time.
Do not expose customers to customs delays and additional duties and taxes on their purchases. You are responsible for complying with all import and export obligations and for payment of all applicable duties and customs fees. In short, customers must receive exactly what they order without any additional charges or fees and within the estimated delivery date posted with your offer on the Totaram marketplace website.

Important notice for international sellers shipping from the United States to Mexico: Not all shipping options deliver the transit speeds that Totaram customers worldwide have come to expect. For example, a recent study of orders fulfilled by sellers shipping from the United States to Mexico showed that approximately 69% of orders shipped via United States Postal Service (USPS), which uses Correos de México/Servicio Postal Mexicano (SEPOMEX) for delivery within Mexico, did not meet Totaram's international shipping transit time requirements. To provide a great customer experience on shipments from the United States to Mexico, we strongly recommend that you use other carriers (e.g., FedEX, DHL, UPS).
Customer Service. You must be prepared to respond quickly to customer contacts in the language of the Totaram marketplace website in which you are registered to sell.
Customers expect prompt, helpful service when they have questions or concerns about your products. You should have customer service specialists who (i) understand your products, (ii) know where the customer's product is and when it will be delivered, and (iii) are able to respond quickly (but in any case within 24 hours) to customer e-mail contacts in the language of the Totaram marketplace website in which you are registered to sell.

Note: If you provide phone support, you are required to do so in the language of and within the business hours of the time zone of the Elected Country.

When you interact with Totaram Customer Service or Seller Support, you are required to communicate in the language of the applicable Totaram marketplace website in which you are registered to sell.
Right to Sell. You must be permitted to offer, promote and sell the product on that website.
The laws of each country are different (and laws may vary within countries). As the seller of your products, it is your responsibility to ensure that you do not present customers with offers for your products unless you have confirmed that you are permitted, under all applicable laws, to sell and deliver the product to all potential customers.

For example, you should confirm that:
- Applicable export and import laws permit the delivery of that product to each potential customer,
- Your product meets local consumer protection, product compliance and environmental regulations. For example, the product should comply with local age restrictions, usability requirements (e.g., have accompanying product documentation in the local language) and product safety requirements and certifications (e.g., comply with all hazardous materials restrictions, include required labeling on the product), and
- Sale and delivery of your product will not violate the intellectual property rights of others (e.g. the product manufacturer).
Listings. You will list your products using the primary language and currency of the Totaram marketplace website in which you are registered to sell.
Customer charges. Your listing will include all applicable charges and taxes (including VAT, customs duty, excise taxes, etc. as applicable). You will provide VAT invoices to the customer upon the customer's request, if applicable.
Returns.
For Totaram.com's international return policy, visit Customer returns for international sales page.
Taxes. You are solely responsible for (i) determining whether any taxes apply, (ii) accounting for any taxes due, and (iii) Intrastat reporting to the appropriate tax authority. You are responsible for meeting any VAT obligations that apply, including VAT obligations in the Elected Country, the country to which you deliver your products, and any other applicable countries.
Your Selling Agreement. You will, at all times, comply with the terms and conditions of your selling agreement.

Important reminder of your obligations when using Fulfillment by Totaram

Before you begin using Fulfillment by Totaram (FBA) in an Elected Country outside your business location, you need to provide a bank account in a country supported by Totaram in order to get paid. In addition, please carefully consider the following matters with your legal and tax experts (as you deem necessary) and only participate in the FBA service when you comply with all of the following:

Delivery of Inventory.

If you choose to send inventory directly to Totaram from outside your Elected Country, you must use an import broker (either one of your own choosing or one designated by Totaram). All inventory sent directly to Totaram from outside the Elected Country must be sent under "Delivery Duty Paid destination" freight terms with all relevant import duties and other taxes paid. Totaram will not be responsible for any import duties, taxes, collect freight or miscellaneous charges associated with importation into the Elected Country.

Surety Bond.

If you choose to send inventory directly to Totaram from outside the Elected Country, you will need to obtain an import surety bond.

Importer and Consignee.

If you choose to send inventory directly to Totaram from outside the Elected Country, you will list yourself as the importer and consignee, will not mention Totaram as the importer or consignee, and will register as a non-resident importer as necessary. Totaram will not act as importer of consignee of this inventory.

Return Shipping Address.

Totaram is currently unable to return FBA inventory to an address outside of the Elected Country. Furthermore, the FBA service does not currently support pick-up options for sellers at our fulfillment centers. If you wish to have your inventory returned to you, you must supply a return address in the Elected Country.

Taxes.

By having inventory within the Elected Country, you may be liable for certain taxes in the Elected Country.

Returns, Refunds, & Cancellations

Here are some situations when you may need to refund, accept returns or cancel orders:

Before you issue a refund, consider the following:

After you authorize a return request, you can wait until you receive the item back from the buyer before you issue a refund. If you prefer, you can allow the buyer to keep or discard the item even if you decide to issue a refund.
If the buyer returns the item to you damaged, or in a condition that is different from the condition in which you sent it, you have the option to issue a partial refund. If you decide to issue a partial refund, we recommend explaining this to the buyer in advance to help avoid misunderstanding or a possible A-to-z Guarantee claim.
If you described and listed the item accurately, but the buyer simply no longer wants it, you have the option to refund the item price but not refund the shipping costs.

You can't fulfill an order.

Sellers are required to have their items on hand and ready to ship. That said, if you sell often enough, it's inevitable that at some point you'll sell an item only to discover it's out of stock--or broken on the kitchen floor. If you will not be able to ship an item within 2 business days, you should cancel the order.

The buyer doesn't receive your order.

Work with the buyer to reach a mutually agreeable solution in regard to this transaction. How you decide to proceed is ultimately determined by you and your customer service policy, but all sellers are expected to demonstrate a high level of customer service.

Your options include:

Refunding the buyer. This is generally the most customer-friendly resolution. If the order eventually arrives, Totaram.com can recharge the buyer with their explicit authorization.
Shipping or drop-shipping the order at your cost. While this may be a financial loss for your business, it is generally a customer-friendly solution.
Asking the buyer to wait a bit longer for their order to arrive.

The buyer decides to return an item

If you described and listed the item accurately, but the buyer simply no longer wants it, you have the option to refund the item price but not refund the shipping costs. Please see the Totaram Product Return Policies.
In cases where you are not responsible for the return, where no defect has been reported and the buyer simply no longer wants the item, the return shipping costs should be borne by the buyer. Upon receipt, you must issue a refund to the buyer within five days. If you did not provide a return address within the applicable Elected Country or a prepaid return shipping label to the buyer, the refund to the buyer should also include their international return shipping costs.

Baby products: If you fulfill your own orders, you are expected to accept returns in accordance with your own posted return policies at the time of the applicable order. If you use Fulfillment by Totaram (FBA) to fulfill your orders for baby products, returns will be processed in accordance with Totaram's return policy for baby products.
Note: If you refuse to accept the return of an item that had a purchase price less than $300 and Totaram.com determines that it is materially different, you may be held responsible for any A-to-z Guarantee claim or chargeback dispute filed for the transaction.
As with the Totaram.com retail returns policy, there are no returns of hazardous items that are gas-powered or contain flammable liquids, or of computer laptops or desktops more than 30 days after delivery to the buyer.
You may choose to issue a concession in addition to or as an alternative to refunding order amounts. Learn more about concessions.

The buyer files a credit card chargeback.

When a buyer files an A-to-z Guarantee claim or a chargeback with their credit card company, Totaram.com will contact the seller to request additional information about the transaction. Though these claims may appear similar, there are several key differences between guarantee claims and chargebacks.

For instance, buyers are working directly with their credit card companies when they file a chargeback. Buyers can file chargebacks with their credit card companies at any time, from one day after the transaction has taken place to months later. Sellers are responsible for service chargebacks. Though Totaram.com does request information in the process of investigating a chargeback, the final outcome of a chargeback request will be determined by the buyer's financial institution.

When a buyer files an A-to-z Guarantee claim, they are dealing directly with Totaram.com. Buyers can only file claims within a specific time frame, and the decision about whether to grant a claim is made by Totaram.com. We encourage buyers to file A-to-z Guarantee claims rather than chargebacks, but ultimately it's the buyer's decision how to proceed.

The buyer requests you cancel an order.

There is no mechanism available for buyers to cancel Marketplace orders once they have been completed. In those cases, the buyer will sometimes contact you directly to request that the order be cancelled. If you haven't shipped the item, simply cancel the order. If you have already shipped, request that the buyer return the item, and issue a refund if you had confirmed the shipment.

The buyer is unable to receive the order at the address provided.

If the buyer cannot receive the item at the address submitted (or if the address is obviously invalid), please cancel the order.

You may want to contact the buyer to inform them of this situation, but you should not ship to another address if they ask you to. For reasons of account security, we cannot permit buyers to change their shipping addresses after an order is placed. Feel free to ask the buyer to place a new order with a valid shipping address. The order should be cancelled even if you are not able to reach the buyer by e-mail.

Out-of-policy return requests

Occasionally a buyer's return request does not fit within the parameters of the Totaram.com return policies. This can include return requests submitted after the return time-frame has passed, items that are not eligible for return, and items with issues related to a manufacturer's warranty.
It is up to you to decide how to proceed with these requests, either to approve or close (decline) them. If you decide to close a request, we encourage you to tell the buyer the reason, providing as much detail as possible.
Keep in mind that the buyer may decide to file an A-to-z Guarantee claim if you close the return request or issue a partial refund. The buyer's claim will be reviewed, and you will be asked to provide additional information.
For most items, the return request must be submitted within 30 days after the order is delivered. Learn more about category-specific return policies.

Restocking fees

In some cases, a reasonable restocking fee may be charged to a buyer for returned items.

Limited License Agreement

By submitting materials to us, you grant to Totaram.com and its affiliated companies a worldwide, royalty-free license (which we may exercise only in connection with our promotion and distribution of your products) to do the following:

Make reasonable modifications to the submitted materials. For example, Totaram.com may excerpt textual materials and may change the size or otherwise enhance (tilting, shading, etc.) graphical materials.
Use, copy, and distribute materials and modifications for our internal business purposes.
Use, copy, distribute, and display materials and modifications on the Internet and on other means of electronic or digital commerce.
Use all trademarks and trade names associated with the materials.

This license will continue in perpetuity, unless either party terminates it by giving the other party thirty days' prior written notice. You will retain all intellectual property rights you may have in submitted materials. Subject to those rights, Totaram.com will be the exclusive owner of any permitted modifications that it may create.

By submitting materials, you warrant that you have full authority to grant the licenses described above, that you have not misrepresented your identity in any manner, that any factual information you submit is true and accurate and that Totaram.com's and its affiliated companies' exercising of their license rights will not violate any proprietary right of any third party. You agree to indemnify, defend, and hold harmless Totaram.com and its affiliated companies from all claims, judgments, damages, and expenses (including reasonable attorneys' fees) that may arise out of any alleged breach of this warranty.

As used in the preceding paragraphs, the term "affiliated companies" includes any company that controls, is controlled by, or is under common control with Totaram.com, and any individual or entity that enters into a joint marketing or referral relationship with Totaram.com (such as members of Totaram.com's Associates program).