TERMS OF BUSINESS
ShopByLocals – SELLER
The terms of business were last updated on 20 August 2020
Please read the terms of business carefully before you start to use or sell any products or services through the Website.
Our policies are designed to help create a fair and safe trading experience for all ShopByLocals users. As a seller, you are responsible for regularly reviewing and complying with SBL’s selling policies, and for meeting your obligations as set out in SBL Terms of business and Terms of Use.
1. GENERAL INFORMATION
ShopByLocals.com
HubLearn
CVR No. DK-39964104
Address: Edvard Thomsens Vej 39, CPH 2300 Denmark
Email: [email protected]
Telephone No: +45-538-53276 (+45-538 LEARN)
At shopbylocals.com, you as a seller can sell products (physical and digital) and services to all our buyers. shopbylocals.com acts solely as an agent for each seller (the third parties selling goods) via shopbylocals.com. When selling goods to a buyer on Shopbylocals.com, the seller enters into an agreement directly with the buyer as the contracting party and that seller is responsible for the supply of the goods. shopbylocals.com is therefore not responsible for the performance of agreements concluded with seller. ShopByLocals is thus considered as a marketplace and an advertising platform that only mediates contact between you as seller and the consumer. You are responsible for the performance of the agreement. The buyer will therefore contact the seller if they have any questions regarding the specific product.
You must be at least eighteen (18) years of age to act on the websites unless otherwise stated on that website. When ordering items on ShopByLocals website, you confirm that you are 18 years or older. In addition, you agree to all Terms of Use and Privacy Policy.
2. SELLING VIA THE SBL MARKET PLACE
If, through SBL, you have entered into an agreement with one of our buyers for the sale of a product that you must deliver, you will receive by e-mail an order confirmation (acknowledgment) that the purchase of the item has been completed. Delivery of the item will be made according to what is specified in the specific purchase and what is stated in the order confirmation (receipt).
As a seller, you should check that the order confirmation on the item is in accordance with the order. If not, you should contact your buyer either as soon as possible via email, phone, or live chat so the order gets correct.
Seller Identity Verification (SIV)
After you register but before you start selling, SBL will verify your identity with the Seller Identity Verification process (SIV). Sellers need to complete SIV at registration and provide documents to verify the primary contact person. This is the person who has access to the Selling on SBL payment account, provides the registration information on behalf of the account holder (the registered seller), and initiates transactions such as disbursements and refunds. Actions taken by the primary contact person are deemed to be taken by the account holder. Required documentation includes:
• Passport or driver’s license and birth certificate
• Proof of address, verified by utility bill, rent receipt, bank statement, cable TV bill, or credit card statement
After you pass SIV and started selling specifically on SBL, SBL is obligated by EU laws to run an additional verification on your personal and business information. You will receive notification when this verification is needed. Typical documents required from you include passport or Identification Card, proof of address, business license.
Prohibited seller activities
There are guidelines about prohibited seller activities and actions. Failure to comply with these guidelines can result in cancellation of listings, suspension from use of SBL tools and reports, and the removal of selling privileges.
Product compliance
Your products and listings must comply with all laws and regulations and with SBL policies, including our category, product and content restrictions. If you have questions about your products’ compliance or your legal obligations in the EU marketplaces, we advise you to consult with one of our external solution providers.
3. PRICE AND PAYMENT
You as the seller set the prices of the product/service.
All prices quoted are indicative prices incl. VAT and taxes on recipient order country.
When selling on SBL, prices will be used as quoted on the website. Buyer can pay through the following means: Dankort, VISA, Visa Electron, Mastercard, American Express, JCB and Maestro, PayPal, Stripe, Bank Transfer, Credit Cards, AliPay, ApplePay, Vouchers in connection with sale of goods and payment by credit card. SBL is approved for internet commerce.
No fees are charged for credit cards.
The amount will not be drawn from buyer’s card account until the goods are dispatched.
The sale of a product is completed only if and when we manage to register the payment. If the payment is unsuccessful on the first attempt (for example, because the specified card account does not exist, does not have coverage, the credit card number is incorrect or the card has reached the credit limit), the purchase will not be completed.
Once the buyer’s payment has been
completed, you will receive, as mentioned above, an order confirmation via
email. This email is the buyer’s receipt and proof that the buyer’s order and
payment has been completed. It is not possible to pay per Cash on delivery (COD).
4. PAYMENT TO SELLER
Once buyer makes an order and successfully pays for the products/services, the payment will be reserved for the seller for 14-30 days which allows for the period of delivery and the 14-day cooling off period. If the buyer is pleased with the order after this period, SBL will then deposit the payment to seller’s registered account.
5. TAX POLICY
Sellers must follow all tax regulations that apply to SBL sales. Our policy helps provide guidance on tax. As SBL can’t give tax advice, sellers should contact the appropriate tax authority for more information about their tax obligations. Sellers are responsible for paying taxes associated with using SBL, in accordance with all applicable laws.
Income Tax
Sellers are required by law to declare and pay taxes on income earned from SBL sales.
Tax on SBL Fees
- Depending on the seller’s location, Value Added Tax (VAT), Goods and Services Tax (GST), or similar consumption tax may apply to SBL selling fees.
- Sellers with a tax registration number, who use SBL exclusively for business, may apply for tax exemption on their SBL selling fees
Sales Tax on Items Sold on SBL
- The seller’s registration address must be up to date, and must not misrepresent where their items are located
- Tax may be added on the listing price or at checkout, depending on the item location and the buyer’s shipping address
- Sellers should only charge tax in states where they are authorized to do so, and should only collect the legally authorized amount
- Listings must not include sales tax information in the item title, image or description
- Depending on the buyer and seller’s location, VAT, Goods and Services Tax (GST), or similar consumption tax may apply to items sold on SBL
- Based on applicable tax laws, SBL will calculate, collect, and remit sales tax on behalf of sellers for items shipped to customers in certain states.
- Once SBL starts to collect tax in the required states, no action is required on your part, and there will be no charges or fees for SBL automatically calculating, collecting, and remitting sales tax. The collection process will apply to all sales with delivery in the required states whether the seller is located in or outside of the United States. Sellers offering delivery in the U.S are not able to opt out of selling items into the required states or to opt out of SBL automatically collecting sales tax.
- European Union: Value Added Tax (VAT) may apply to items sold to buyers in the European Union
- Other countries: For information about tax obligations when selling to buyers in all other countries, please contact the appropriate tax authority
6. REGISTRATION
1 – Register your seller account
2 – Upload your listings
3 – Customers see and buy your products
4 – Deliver your products to the customers
5 – Receive your payments
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate and complete.
If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any future use of the Service (or any portion thereof).
Account Registration Documents
Please provide the following information when you register your new seller account:
- Create a Stripe, PayPal or Bank account to receive sales. We can be helpful with the account creation
- Phone number
- Company registration details (Company name, Business email address, Business license, Primary Contact Person Information)
- Legal/Beneficial Owner Information
- VAT number, required if you meet the guidelines in the previous section: Managing European taxes (VAT)
7. DELIVERY AND FREIGHT
If the delivery is delayed or incorrectly delivered and is not SBL fault, we cannot be held responsible. The buyer should therefore contact you, the seller.
The freight information such as name of the carrier(s), freight prices, expected delivery time and other any special terms and conditions e.g. delivery to the kerbside, without carrying upstairs etc. will be visible during the checkout depending on buyer’s choice and in the seller’s terms. It will be shown on the order confirmation email and in your dashboard.
Vouchers and Gift Certificates
Particularly regarding redemption of vouchers and gift certificates at the seller.
Seller may need to restrict access to a given product or service. Reservations are made for any sold-out dates.
Expiry of gift certificates and vouchers. The validity period for gift certificates / vouchers is basically stated on the voucher. If nothing is stated on the gift card / certificate, the validity period is 3 years from the date of issue. If buyer has purchased a voucher which relates to a product that is only offered by the seller for a limited period, on a specific date or the like (such as an event / event), the validity of the voucher will automatically be limited to this.
All vouchers are provided with a unique code. The seller must use this code when buyers redeem the voucher.
8. DELIVER YOUR PRODUCTS TO THE CUSTOMER
Ship and fulfill products you sell on SHOPBYLOCALS from your own local inventory.
By shipping your orders to your customers yourself, you will be responsible for the customer experience from shipping to returns. You must be able to provide customer support in the local language of each marketplace you sell in.
A-to-Z Guarantee
The A-to-Z Guarantee is designed to handle situations where a customer either never received a product or received a product that differs from what the customer ordered or expected.
In order to avoid claims and chargebacks, follow these best practices:
- Respond promptly to customer emails
- Refund proactively
- Describe products accurately and provide clear images (pictures and/or videos)
- Ship with care. Consider the number of days for shipping to different locations.
- Confirm dispatches and provide tracking information (Track & Trace Number)
- Ensure that buyer received the item
- Promptly cancel any out-of-stock orders
- Confirm appointments
- Complete all the tasks as outlined on the detail page of a listed service
- Fix the buyer’s service quality issues: Offer to remedy a situation by fixing a buyer’s quality issue free of charge
NOTE: Please note that you as the SELLER are responsible for warranties, refunds and other issues raised by the customer. Upon buyer’s order, the payment is reserved by ShopByLocals. You shall receive the payment 14 days after the buyer receives the item/s without any request for return-product or refund.
Selling Practices Policy
Setting clear buyer expectations and then meeting or exceeding them is a great way to make your buyer happy and ensure a smooth transaction.
Some of the simplest things you can do are to provide accurate and consistent details about your items and to be clear and specific about the terms and conditions of the sale. You should also make every effort to provide excellent customer service from start to finish, including:
- Fix the buyer’s service quality issues: Offer to remedy a situation by fixing a buyer’s quality issue free of charge
- Charging reasonable shipping and handling costs
- Specifying your handling time and return policy in your listing
- Responding to buyers’ questions promptly
- Being professional throughout the transaction
- Making sure the item is delivered to the buyer as described in your listing
- Frequently reviewing and updating listings to make sure all information – such as inventory status and item condition – is accurate and up to date
Seller Protection Policy
When you deliver on your service promises to create good buying experiences, we will protect you from abusive buying behavior and from events outside your control.
Abusive buying activity
When we determine that a buyer has violated the abusive buyer policy, we will remove any feedback and defects posted by that buyer, including opened cases in service metrics. We may also prevent that buyer from filing return requests on SBL. In serious cases or repeated abusive behavior, we may suspend the buyer’s account.
You can help us by reporting the buyer and clearly describing what they are doing. This will help us investigate potential policy violations and take actions to protect you.
Examples:
- An item is returned after it was used or damaged by the buyer
- A buyer retracted their bid or didn’t pay
- A buyer demanded something not offered in the original listing
- An item arrived late but tracking shows that you shipped on time
- Severe weather or carrier disruptions caused the item to arrive late
Protections for managed payment sellers
If a buyer files a payment dispute and the transaction is eligible for protection, we’ll cover the amount of the dispute, and waive the fee, if the following is true prior to the payment dispute being received:
When a buyer reports that they haven’t received their item:
- A buyer demanded something not offered in the original listing
- An SBL Money Back Guarantee case was found in your favor, or
- You refunded your buyer, or
- You provided tracking information that included the following:
- A delivery status of ‘delivered’
- Date of delivery
- Shipping address matching the address on the order
When a buyer reports that an item doesn’t match the listing description:
- A buyer demanded something not offered in the original listing
- An SBL Money Back Guarantee case was found in your favor, or
- You refunded your buyer in full, or
- You previously issued a partial refund for an item that was returned to you used or damaged
When a buyer reports that they don’t recognize the transaction:
- You provided tracking information that included the following:
- A delivery status of ‘delivered’
- Date of delivery
- Shipping address matching the address on the order
Eligibility for protections
If you do any of the following you are not eligible for any seller protections:
- Operate with a false identity
- Not follow through with your service promises (such as not honoring your return policy)
- Have a history of serious policy violations, such as selling counterfeits, using prohibited forms of drop shipping or taking sales off SBL
- Misuse the protection, such as excessively reporting false ‘Item not as described’ requests or unfairly giving too low a partial refund
Most transactions on SBL are covered by seller protections. However, the following situations are not covered:
Vehicles, Real Estate, Websites & Business for Sale, Classified Ads, Services, Digital Content, Intangible Goods, and some Business Equipment categories
Shill Bidding Policy
Shill bidding happens when anyone—including family, friends, roommates, employees, or online connections—bids on an item with the intent to artificially increase its price or desirability. In addition, members cannot bid on or buy items in order to artificially increase a seller’s feedback or to improve the item’s search standing.
Avoiding SBL Fees Policy
Avoiding SBL fees is not allowed, whether intentional or not. Sellers attempting to avoid SBL fees create risk for themselves, and a poor experience for buyers. Examples of avoiding fees includes making offers to buy or sell outside of SBL, requiring the buyer to make additional purchases, or charging excessive shipping fees. Sellers are responsible for paying fees for all sales made using some or all SBL services, even if the sale terms are finalized, or payment is made outside of SBL.
Unpaid Item Abuse Policy
Most sales on SBL go smoothly, but occasionally a buyer might not pay for an item they’ve committed to buy. When that happens, you can let us know by opening an unpaid item case. We take these reports seriously, so falsely reporting an unpaid item is strictly prohibited.
Unpaid items are marked on a buyer’s account, and can lead to actions being taken against them. As such, sellers should never falsely report an unpaid item, and may be subject to a range of actions for doing so.
Intellectual Property Policy
Listings or products that infringe on the intellectual property rights of others are not allowed on SBL. It is in SBL’s interest to ensure that infringing items are removed from the site, as they are illegal, and erode the trust of our buyers and sellers.
Only intellectual property rights owners can report SBL listings that infringe on their copyright, trademark, or other intellectual property rights.
Members who are not the rights owner can still help by getting in touch with the owner and encouraging them to contact us. Activity that doesn’t follow SBL policy could result in a range of actions including for example: administratively ending or canceling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, and account suspension. All fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.
Prohibited and Restricted Items
While you can sell almost any item on SBL, maintaining the safety of our community is a responsibility we take very seriously.
For this reason, and to comply with local legal restrictions, some categories of products are restricted, or completely banned from being listed. If you’re not sure if an item you’re intending to list is allowed or not, choose the relevant category from the list below to find out.
Prohibited and restricted items policy overview
Before listing your item, make sure we allow it on SBL, and find out if we have specific rules and conditions on how you should list it. Check the list of prohibited and restricted items below. You also need to make sure that the sale of your item complies with all laws and any additional restrictions applicable to payment services offered on SBL such as credit card association or network rules.
Make sure your listings and products follow these guidelines. If they don’t, they may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.
Understanding the rules
Our policies are often based on country and state laws, although in some cases, we may also base our policies on input from our members and our own discretion, especially for dangerous or sensitive items.
When selling internationally, read our international trading policy. Although certain items may be legal to sell in your country, they might be illegal elsewhere.
9. FORCE MAJEURE
Neither the SBL nor the seller are liable for failure to fulfill its obligations under the agreement if the failure to fulfill the transaction is due to force majeure or forcible circumstances and the parties should not have taken into consideration the obstruction or subsequently avoided it by signing the agreement.
10. CANCELLATION RIGHTS
When a consumer buys from us, they have a 14-day cooling-off period, in which buyers have the right to cancel the purchase. The period means that buyer has 14 days after receiving the goods to let the seller know that buyer wants to cancel the purchase. The buyer needs to contact the seller first before returning the item/s. The buyer can fill out a cancelation request or send an e-mail to seller via the shop page or make use of the standard cancellation form, which you will find at the end of the terms of business.
This cooling-off period expires 14 days after the day on which buyer received the goods. If buyer has ordered several items in the same purchase, and they are delivered separately, the period runs from the day buyer received the last item.
If the purchase consists of several consignments or parts, the right to cancel will lapse 14 days after the day buyer receives the last consignment or the last part.
If the agreement is for regular deliveries of goods over a specific period, then buyer’s cancellation right lapses 14 days after the day when buyer receives the first package.
Buyer cannot cancel the purchase by refusing to receive the goods, unless he informs us at the same time.
10.1 Cancelling Part of the Purchase
If buyer has bought more than one item from seller, the buyer may return one or several items, even if they were bought in a single order.
10.2 Returning the Goods
When buyer has informed you that he is cancelling the purchase, the buyer has 14 days in which to return the goods to seller. The buyer himself must pay for returning the package and will be liable if it is damaged during transport.
Some goods cannot be returned by normal post.
10.3 No Right to Cancellation
Deliveries of food and drinks or other items for regular household use, which are delivered physically to buyer’s address or place of work by a commercial carrier who regularly delivers goods in buyer’s area,
Establishment or transfer of rights over real estate. This does not apply, however, to financial services or agreements concerned with renting real estate,
Construction of a building,
Agreements on rights of use of accommodation on a time-share basis etc.
Agreements on package tours,
Games, where payment is made to take part,
Delivery of non-financial services, for which delivery has been completed, if buyer previously have accepted that the service shall begin, and that buyer thereby lose your right to cancel,
Deliveries of goods which are made to buyer’s specifications or which are of a clearly personal nature,
Deliveries of goods which may be assumed to be perishable or rapidly become time barred,
Deliveries of sealed items which for health or hygienic reasons are not suitable to be returned, when the seal has been broken after delivery,
Deliveries of goods which, because of their nature are mixed with other goods on delivery and cannot be separated out again,
Deliveries of alcoholic beverages for which a price was fixed when the agreement was finalised, when delivery cannot be made until 30 days later, and the actual value is dependent on market fluctuations over which the trader has no control,
Agreements on specific urgent repair or maintenance work at buyer’s address, which he have expressly asked for,
Deliveries of sealed sound or visual recordings or computer software, if you have broken the seal,
Deliveries of newspapers, periodicals or magazines, but not, however, if these are delivered as part of a subscription,
Agreements entered into at a public auction,
Agreements on accommodation, but not, however, for residential purposes; car hire, catering or leisure offers when the date or period has been agreed upon. (The last-mentioned may be courses, performances, rallies etc.)
Delivery of digital content such as computer programs, apps, games, music, films etc.
which are not delivered physically, e.g. on a CD or DVD, if buyer previously have accepted that implementation shall begin and that buyer thereby lose his right to cancel
Financial services under the Act on Mortgage-Credit Loans and Mortgage-Credit Bonds etc.
Agreements on goods, securities or services whose prices depend on market fluctuations over which the trader has no control, when these fluctuations can occur in the cooling-off period.
10.4 The State of the Article When Buyer Returns It
If the value of the article is reduced, and the reason is that buyer have used it in any way beyond what was necessary to check the type and properties of the article and how it works, then only part of the purchase sum can be refunded to buyer. The amount that can be refunded depends on the saleable value of the article, and in certain cases this may mean that only the freight charges can be refunded.
The buyer is recommended to return the article in its original packaging.
If the original packaging is missing, it may reduce the value of the article.
10.5 Refund of Purchase
If the buyer cancels a purchase, he will get his money back. If the value of the article is reduced, we will deduct the amount he is liable for.
We refund all payments received from buyer, excluding delivery costs not later than 14 days from the day when we have received buyer’s notification that he wants to cancel the agreement. We will return the money by the same means of payment which the buyer used for the purchase, unless otherwise agreed.
We may hold back the payment until the seller has received the article, unless the buyer sends documentation that he has returned it.
10.6 Send the Article To
The returns shall be sent to the seller’s address which can be found in the seller’s shop page or via link in the order confirmation. The seller will only accept packages sent directly to the provided address or one which you and seller has agreed upon.
You can also cancel the purchase by informing shopbylocals and personally returning the article to the above address in the top by prior agreement.
11. RIGHT TO MAKE COMPLAINTS
When you trade with us as a seller, the Danish Sale of Goods Act applies.
This means that buyers have a right to complain within 24 months. Buyers need to contact the seller before they return the article.
If buyer’s complaint is justified, it means that he may either have the item repaired or replaced, or the money refunded, or a reduction in the price, depending on the specific situation.
Buyer must complain within a “reasonable time” after he has discovered a defect. If the buyer complains within two months after the defect has been discovered, it will always be regarded as within a reasonable time.
If the complaint is justified, we will refund the buyer’s freight costs (within reason). The article must always be returned in suitable packaging. Buyer also needs to obtain a receipt for dispatch, so that we can pay back the freight costs.
11.1 Send the Returning Article To
The returning article shall be returned to the address that the seller provides the buyer. We will only accept packages sent directly to the agreed address by prior agreement. When buyer returns the article, he must attach a detailed description of the problem.
This form can be used – Standard Cancellation Form
(This form is only to be filled in and returned when the right to cancel is exercised)
Name of Seller:_________________________________
Address of Seller:_______________________________
Postcode of Seller:______________________________
Town of Seller:__________________________
e—mail of Seller:___________________________
I wish to make use of the right to cancel in a purchase agreement concerning the following goods/services:
__________________________________________________________________________________
Ordered, date: _______________________________
Received, date: _______________________________
Consumer’s name:______________________________________________________________
Consumer’s address:_______________________________________________________________
Consumer’s signature: _________________________________________
Date: _________________
(only if the content of the form is given on paper)
12. PERSONAL DATA POLICY REGARDING SELLING
We need the following information when you trade with us:
Name, address, telephone number and e-mail address.
The seller is also independently responsible for the buyer’s data, and questions and requests for insight must therefore be addressed directly to the seller.
Personal data is registered with HubLearn IVS and is kept for five years, after which the details are deleted. In addition, we work with a number of other companies who store and process data. These companies process the data exclusively on our behalf, and must not use them for their own purposes.
We work only with processors of data in the EU or in countries where your data will be given adequate protection.
On shopbylocals.com, the person responsible for data is HubLearn IVS ([email protected]).
You are entitled to be told what details about you we process.
If you believe the details are inaccurate, you are entitled to have them corrected. In certain situations, we are obliged to delete your personal data if you ask us to do so. These could, for instance, be data which are no longer necessary for the purpose we used them for. You can also contact us if you believe that your personal data are being processed in a way that is against the law. You can also write to us at: [email protected].
The complete Privacy Policy of shopbylocals.com can be found here LINK Privacy Policy
13. WHERE BUYERS CAN COMPLAIN
If a consumer wants to complain about his purchase, he will contact the seller first and secondly [email protected]. If the buyer does not succeed in finding a solution, he can send a complaint to the Centre for dealing with complaints at:
Center for Klageløsning
Nævnenes Hus
Toldboden 2
DK-8800 Viborg
www.naevneshus.dk
If buyer is a resident of a country outside Denmark, you can complain to the EU Commission’s online complaints portal here – http://ec.europa.eu/odr
