1. Purpose of the Standards of Service
1.1 The purpose of this Standards of Service policy is to ensure all LBD Boutique Merchants (“You“) provide a good service to all customers who purchase on the littleblackdress.co.uk website, and there are as few complaints from customers as possible.
1.2 In the case of conflicting information found between these Standards of Service and the Terms and Conditions, the Standards of Service shall prevail. Merchants take sole responsibility for ensuring that their businesses are compliant with regulations and law, and in which case would obtain a legal review of these Standards of Service.
1.3 Please read these Standards of Service carefully before using the website and services offered by Photolink Creative Group Limited (“LBD Boutique“). The Agreement sets out the legally binding terms and conditions for your use of the website at littleblackdress.co.uk (the “Site“) and all services provided by LBD Boutique on the Site.
2. Listing and Selling
2.1 By listing an item on the Site You, the Merchant, warrant that You and all aspects of the item comply with LBD Boutique’s published policies. You also warrant that You may legally sell the Product. You must accurately describe your Products and all terms of sale in your listing. Your listings may only include text descriptions, pictures, video and other content relevant to the sale of Product. All items must be listed in an appropriate category with appropriate tags. LBD Boutique reserves the right to remove the item, if it doesn’t meet LBD Boutique’s quality standards.
2.2 All sales are binding. You are obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Customer fails to meet the terms of the Merchants listing (such as payment method), or (b) the Merchant cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
2.3 Merchants are also subject to the following rules whilst using LBD Boutique:
Merchants may only feature a maximum of 30 Products at any one time.
Any Products will only feature once, identical items with a different colour, title or size will be removed by LBD Boutique without notice.
Merchants are responsible for ensuring all the information that is needed by a customer is available and accurate. LBD reserve the right to remove Products that are not adequately described, or informative.
Merchants must avoid keyword spamming or similar techniques in listings.
Merchants must never misuse of incorrectly apply category labeling in relation to its Products.
2. Listing and Selling
3.1 The Merchant shall regularly update accurate and correct information in regards to stock availability. Where stock is due to the Merchant within 4 weeks, the Merchant must state this information on their account area within the CMS, or by notifying LBD Boutique by e-mail.
3.2 The Merchant must mark any stock items that are the final of they’re type and that will not be continued as “discontinued” within the CMS, or by notifying LBD Boutique by e-mail.
3.3 If a Product is currently out of stock then Merchants should mark this item accordingly within the CMS, or by notifying LBD Boutique by e-mail, so orders cannot be taken for it. If orders are taken, The Merchant will take full responsibility for refunding the Product, and the Merchants may be charged the Single Commission Feed on that order.
3.4 The Merchant has to remove listings that are awaiting stock for more than 4 weeks. This will be removed through the CMS, or by notifying LBD Boutique by e-mail, until they become available.
4. Delivery/post and packing
4.1 All Merchants who sell through LBD Boutique are required to offer free delivery on all products they list with LBD Boutique. No orders can make any charges on postage, delivery or packaging. LBD Boutique website will automatically show this as zero at check out stages.
4.2 Delivery times can be specified on a per product basis by notifying LBD Boutique of the required delivery schedule.
5.1 For individual Merchants, joining LBD Boutique and listing items is free. LBD Boutique charges a percentage of the sale price when the item sells. LBD Boutique’s Features and Fees, which are subject to change, are incorporated into this Agreement by reference. Additions to the Features and Fees for LBD Boutique’s services are effective after LBD Boutique provides you with at least thirty (30) days notice by posting the changes on the Site. However, LBD Boutique may choose to temporarily change the Features and Fees for its services for promotional events; such changes are effective when LBD Boutique posts the temporary promotional event on the Site. Such changes are deemed accepted if LBD Boutique has either provided at least 30 days notice to the Merchant or received e-mail or telephone communication from the Merchant accepting the changes to temporary changes to the Features and Fees.
5.2 LBD Boutique may decrease the fees as stated in the Features and Fees with no notice. LBD Boutique may, at its sole discretion, change some or all of LBD Boutique’s services at any time. In the event LBD Boutique introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in UK Pounds (GBP).
5.3 You are responsible for paying all fees and applicable taxes associated with using LBD Boutique. LBD Boutique may keep accepted payment information on file. If a Merchant has fees due to LBD Boutique then they will be invoiced for that month for the amount due. This amount will be taken automatically by LBD Boutique from the Merchant’s registered account 2 working days later. If the Merchant fails to pay the amount due in full they risk penalties such as termination of their LBD Boutique subscription, suspension of their selling privileges or termination of their account.
5.4 All fees are inclusive of UK VAT where applicable. In certain circumstances fees will not be subject to UK VAT but you may be liable to indirect taxes in your own country. LBD Boutique recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from EU Merchants who are VAT-registered. EU Merchants are liable to notify LBD Boutique of any change in VAT status.
6. Fees and Termination
6.1 If LBD Boutique terminates a listing or your account, if You close your account, or if the payment of your LBD Boutique fees cannot be completed for any reason, You remain obligated to pay LBD Boutique for all unpaid fees plus any penalties, if applicable. If the Merchant’s account is not paid in full, the Merchant risks penalties such as the suspension of privileges and / or termination of the account. If you have a question or wish to dispute a charge, contact LBD Boutique.
7. Asked Questions (FAQs) Section for Potential Merchants
WHAT CURRENCY ARE FEES IN?
All fees are in UK Pounds.
HOW DOES INVOICING WORK?
You raise your VAT invoice to LBD Boutique for the value of goods shipped less the agreed commission fee as defined in Features and Fees (usually a percentage). LBD Boutique invoices the customer for the full value of goods despatched.
WHAT ABOUT RETURNS?
If a user returns an item, and You would like to issue the customer with a refund, LBD boutique will refund the customer for the full transaction amount when instructed to by You. An invoice will then be raised to the wholesaler / retailer to reclaim the full value of the goods minus the commission on the original (as defined by the percentage commission rate defined in Features and Fees) to LBD boutique.
8. Customer Relations
8.1 To ensure your customer relations ethos is in line with that of LBD Boutique, the Merchant must:
(a) Clearly state packaging costs, and expected delivery times on the appropriate areas of your account with LBD Boutique.
(b) Deliver items within the time outlined on the LBD Boutique website for that product.
(c)Respond to customer enquiries politely and courteously, and within one working day.
(d)Advise LBD Boutique of any issue that may arise between you (the Merchant) and the customer that will need escalating.
(e)Conform to all legislation required including those which relate to data protections, distant selling and e-commerce regulations.
8.2 Users are solely responsible for interactions with others. Users understand that LBD Boutique does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
9. Order Processing Information
9.1 Once an order has been placed the Merchant notified by an e-mail or electronically through the LBD Boutique website, the Merchant is obligated to fulfill the following with the customer:
(a) Fulfill the order placed by the customer.
(b) Confirm the time and method of dispatch and dispatch a receipt of purchase within 3 days of accepting the customer order.
9.2 The Merchant must notify the Customer at each stage of the purchase process. This will include notification of:
(a) The Customer’s order being received (immediately)
(b) Dispatch of order with an expected delivery date
(c) Receipt of any item that has been returned to the Merchant
(d) Processing of a refund
9.3 The Merchant must include the following information within their parcel:
(a) A copy of the LBD Boutique branded dispatch e-mail. Note: LBD Boutique will forward this to the Merchant automatically at the time of purchase.
(b) Contact details for customers to enquire about delivery, make a complaint / comment, return faulty items.
9.4 Merchants must not include any other material in the package ordered by the customer.
10. Listing and Selling
10.1 All refunds must be notified to LBD Boutique by e-mail communication or through the CMS. The Merchant cannot refund via cheque or other means.
10.2 Below are the terms and conditions that you, the Merchant, must comply with.
10.3 By law, the Customer may not cancel, return or obtain a refund for the following Products (unless they are faulty):
(a) Custom made Products, specific to Customers specification.
(b) Perishable products (i.e. food / plants).
(c) News papers or magazines.
(d) Opened audio or visual recordings or software
(e) Any item that cannot be returned due to being physically impossible, and / or items that cannot be restored to the same physical state as they were supplied (i.e. nylon tights).
10.4 Subject to point 10.3, the Merchant must provide Customers with 28 days from the day the receipt of a Cancellable Product in which Customers can cancel their order and return the to the Merchant and get a refund.
10.5 If the Customer requests a refund on a Cancellable Product, this refund will be processed by the Merchant as soon as possible and not later than 30 days from the instruction to cancel the Cancellable Product from the Customer.
10.6 Postage and Packaging costs must be refunded as well as the cost of the Product, if the Customer requests a refund because the Product is faulty. This must be refunded within 24 hours if the Customer has notified the Merchant within 28 days of the Customer receiving the Product. If the Customer notifies the Merchant after 28 days and within 6 months of Customer receiving the Product, the Merchant must refund within 30 days.
10.7 A refund fee will be charged for and returned Product in accordance with this policy.
11.1 Merchant prices must include VAT and any additional charges, with the exception of postage and packaging (this should be showed separately in accordance with this Standards of Service policy).
11.2 Merchants must set VAT at the current VAT rate level, if VAT registered. Merchants are responsible for making sure they fully comply with current VAT regulations and account for VAT correctly in all areas of the CMS, communication with LBD Boutique and Customer communication.
11.3 Merchant pricing should remain consistent for a reasonable amount of time. Prices should not change unnecessarily or frequently, however there are options to reduce prices occasionally for improved sales.
11.4 Merchants must endeavor to price Products at the same rate, or cheaper than, Products on Merchants’ own website (if in existence).
11.5 Merchants are forbidden to offer promotional pricing or discounts on Products that are not available or redeemable via the LBD Boutique website.
11.6 LBD Boutique reserves the right to remove a Product form the LBD Boutique website if we believe the cost to be unreasonably high, however we will always get in touch with the Merchant before hand to try and agree a more reasonable price.
12. Promotion of the Merchant’s own Website
12.1 Merchants must not promote any website or email address on the LBD Boutique website, unless requested in writing to do so.
12.2 Merchants must not bid the littleblackdress.co.uk name, pr variations of the LBD Boutique brand name, on Google or any other search engines.
12.3 Merchants must never send any promotional literature or material to Customers that LBD Boutique has introduced them to.
13. Membership Eligibility
13.1 Age: LBD Boutique’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. LBD Boutique may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
13.2 Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by LBD Boutique’s policies as stated in the Agreement and the LBD Boutique policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by LBD Boutique, each of which is incorporated herein by reference and each of which may be updated by LBD Boutique from time to time without notice to you:
Features and Fees
13.3 In addition, some services offered through the Site may be subject to additional terms and conditions published by LBD Boutique from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
13.4 Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify LBD Boutique of any unauthorised use of your password or any breach of security. You also agree that LBD Boutique cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than LBD Boutique without LBD Boutique’s express written permission.
13.5 Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on LBD Boutique you must provide and maintain a valid PayPal account.
13.6 Account Transfer: You may not transfer or sell your LBD Boutique account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.