LBL Marketplace Supplier
Terms and Conditions
This document is an electronic
record generated by a computer system and only require digital signatures.
3. Access to
Platform and Seller Center
Products on The Platform
Obligations to Customer Service
13. Limitation of
14. Force Majeure
of The Parties
Marketplace is in the business of providing services to facilitate Product
Vendors, Suppliers, Wholesalers, retailers and service providers via its online
marketplace at www.LBLMarketplace.com - a platform that enables Customers
and Sellers to transact online. The Seller wishes to sell Products on the
online marketplace platform provided by LBL Marketplace.
Seller is willing to sale his products and services online through LBL
Marketplace web portal under the terms & conditions set hereunder.
agrees that customer satisfaction is the ultimate interest responsible for
guiding the commercial actions and behavior of both Parties.
Every transaction of the Seller on LBL Marketplace platform is bounded to the
acceptance of the terms of this agreement as well as the details, annexes,
appendices, platform policies mentioned in this agreement and/or available
on LBL Marketplace. This agreement will be
considered valid as soon as it is electronically accepted by the Seller.
The service provided by LBL Marketplace is limited to referring customers to
the Seller and providing customer support on their behalf. Any additional
marketing services required by the seller for execution of customer orders can
be hired from AmPak ConSol that is strategic partner of LBL Marketplace for
vendor registration and management.
Marketplace may use the services of subcontractors to execute any part of the
present agreement or any kind of future services made available to the Seller
without any prior intimation.
Any reference in this Agreement to any provision of a statute shall be
construed as a reference to that provision as amended, re-enacted, or extended
at the relevant time.
The platform policies are to be read into and incorporated as an integral part
of this agreement. Due to constant improvement of LBL Marketplace’ services,
platform policies will evolve and change over time (with notice to the Seller).
The Seller’s use of the platform and access to the seller center is subject to
this agreement and the latest platform policies available on LBL Marketplace.
In order to maintain its reputation for quality and high service standards, LBL
Marketplace reserves the right to delist the Seller and to terminate the
relationship with the Seller based on LBL Marketplace’ internal quality
assessment of the Seller as governed by LBL Marketplace’ Customer Protection
Notwithstanding any clauses in this agreement, this contract is to be read in
line with the Seller Code of Conduct. Any breach in
the Seller Code of Conduct would automatically constitute a breach of contract
within this agreement. In any event where the Seller Code of Conduct is
amended, LBL Marketplace shall inform the seller of the said amendment.
2. INTERPRETATION &
2.1. In this
agreement, the words and expressions below shall have the following meanings:
bank account specified by the Seller in which payments are to be made by the
(excluding Saturdays and Sundays) on which banks generally are open for
schedule and percentage of the product price which is payable to LBL
Marketplace by the Seller for each product that is sold through LBL
Marketplace as agreed at the time of contract.
person or entity, that directly or indirectly, engages in the sale of
Products online. For the avoidance of doubt, any person whose direct or
indirect business is only partially similar to the aforementioned would still
be deemed to be a Competitor
contract entered into between the Seller and a Customer for the sale and
purchase of the Products on the Platform
Marketplace’ Seller Compliance Policy outlines the standard guidelines
sellers need to follow on LBL Marketplace platform. Any violations made by
the seller, as per this policy will result in penalties.
Marketplace policy via which Seller Performance is kept in check
Marketplace's Buyer-Seller Interaction Policy outlines the standard of
behavior that sellers need to follow when connecting with customers on the
Question & Answer Section, Instant Messenger, and Product Review Platform
(LBL Marketplace). LBL Marketplace monitors all kinds of buyer-seller
communications and is authorized to take action in case of any violations.
person, who purchases Products on the Platform
transfer of ownership of the product from the Seller to the end customer
terms set out in this agreement
time from forwarding of the order by LBL Marketplace to the Seller till
dispatch of the Product by the Seller (excluding Sundays)
communications made through the Seller Center or sent by LBL Marketplace
through courier or email
patent, copyright, registered or unregistered design, design right,
registered or unregistered trademark, service mark or other industrial or
intellectual property right and includes applications for any of them
listed price of the Product on the Platform and shall be that price at which
the Seller informs LBL Marketplace that it wishes to sell any Product and
which price shall include any taxes, whether federal, provincial or local,
which the Seller is required and liable to pay on the sale or supply of each
Product or type of Product. The Listed Price shall not be higher than the
price at which the Seller offers the same Product through its own sales
financial and/or operational penalty inflicted by LBL Marketplace on the
Seller for any breach of Platform Policies
status on the Seller Center depicting that an order has been received and
report conveyed to the Seller by LBL Marketplace which depicts the
operational performance of the Seller
website LBL Marketplace or any affiliate website
policies and guidelines applicable to Sellers and available on LBL
products which the Seller intends to sell on the Platform.
Products are signaled as being physically available, packed according to
packaging guidelines and ready for delivery
Product that has been shipped but could not be successfully delivered to a
Customer, for any reason whatsoever
with respect to each of the Products, the following (except to the extent
expressly not required under the applicable Platform Policies):
description, including as applicable, specifications, location-specific
availability and options, scheduling guidelines and service cancellation policies.
Product numbers, and other identifying information as LBL Marketplace may
regarding in-stock status and availability, shipping limitations or
requirements, and shipment information.
within each Product category and browse structure as prescribed by LBL
Marketplace from time to time.
image that accurately depicts the Product, complies with all LBL Marketplace
image guidelines, and does not include any additional logos, text or other
text, disclaimers, warnings, notices, labels, or other content required by
applicable law to be displayed in connection with the offer,merchandising,
advertising or sale of the Product.
Seller requirements, restocking fees or other terms and conditions applicable
to such Product that a Customer should be aware of prior to purchasing the
(m) a delimited
list of technical specifications
Product numbers (and other identifying information as LBL Marketplace may
reasonably request) for accessories related to the Product that is available
in LBL Marketplace’ catalog; and
other information reasonably requested by LBL Marketplace (e.g., the
condition of used or refurbished products)
The policy governing
the return, refund, cancellation, or rejection of products and which can be
Product that had been delivered but has been returned by the Customer, for
any reason whatsoever
of Packing & Shipping
rules governing the dispatch and handling of the products sold by the Seller.
platform accessible by a Seller by using the username and password provided
to it by LBL Marketplace.
Seller performance in accordance with the policies and standards defined by LBL
support service provided by LBL Marketplace to solve the issues faced by
Sellers as well as help Sellers grow their business
Product is considered shipped and on course for delivery to the Customer
via which person(s) or entities sign up to sell on LBL Marketplace’ online
3. ACCESS TO PLATFORM AND SELLER
After going through and successfully completing the Signup Process, LBL
Marketplace shall provide the Seller with a unique username and password to
access the Seller Center and complete the registration process.
The Seller is responsible for maintaining up to date information pertaining to
their business on Seller Center such as, but not limited to, address and bank
account number. LBL Marketplace is not responsible for any liability arising
from incorrect information supplied by the Seller.
The Seller shall be solely responsible for the safety and security of its
password and shall not disclose its password to any third party. The Seller is
solely responsible for any use of or action taken under the password and shall
fully indemnify LBL Marketplace from any damages or injury resulting from any
unauthorized use of its password.
Any correspondence or communication received through the Seller Center and/or
appointed email address shall be presumed to originate from and have been made
with the approval of the Seller and LBL Marketplace shall be entitled to rely
on such correspondence or communication.
Every message sent to the Seller through his registered email in the Seller
Center account or via Seller Center which did not receive an answer or written
objection within 72 hours will be worth agreement between LBL Marketplace and
The Seller shall complete a training module to be ready for operating on the
Platform. The seller must pass this training and implement the learnings in
their operations to start selling via LBL Marketplace.
4. FEATURING PRODUCTS ON THE
Marketplace shall feature the Seller’s Products on the Platform for sale at the
given Listed Price. The Platform shall show the Product as being sold by the
Seller and not by LBL Marketplace.
The way the Products are featured on the Platform and its placement on the
Platform shall be the sole responsibility of and at the discretion of LBL
Any particular Product(s) featured on the Platform may be delisted by LBL
Marketplace if sale of that Product would contravene any law or the Seller
breaches any of its obligations under this agreement and in such case, the
Seller shall be notified immediately.
Seller shall provide LBL Marketplace with the Required Product Information in
the prescribed format available in Seller Center. This information must be true
and in line with the actual physical Product. The Seller will be responsible
for listing their own products.
Marketplace reserves the right to use, reproduce, modify, adapt, publish,
translate, create and distribute any content that the Seller provides.
Where a Customer places an order for purchasing a Product through the Platform,
it shall be deemed to be an acceptance of the Seller’s offer to sell the
Product and a binding contract shall come into force between the Customer and
the Seller. The order is considered legally confirmed once the item is
dispatched by the seller. The terms of the contract are offered by the Seller
and are agreed to by the Customer and have no relation with LBL Marketplace.
Marketplace will not be responsible for, resolve or mediate any disputes
between the Seller and a Customer.
All Contracts entered into between the Seller and a Customer shall be subject
to this agreement and in the case of any conflict between this agreement and
the Contract or any document included in the Product(s) sent to a Customer or
implied by trade practice or course of dealing, this agreement shall prevail.
The Seller agrees to respect and follow LBL Marketplace to
operate their online shop smoothly and avoid the consequences of breaching the
The Seller agrees to respect and follow LBL Marketplace’ Customer
Protection Policy. If any changes occur in the
policy, the Seller will be informed via email.
Marketplace measures Seller performance on an ongoing basis and will share a
weekly performance report with the ops score of the respective Seller:
5.3.1. LBL Marketplace will rank
the Seller based on performance.
LBL Marketplace may, at any time, delist, downgrade or upgrade the Seller
depending on commercial and operational performance without any prior notice to
Upon delisting, the Seller may need to go through the training module again in
order to re-list on LBL Marketplace’ Platform. LBL Marketplace retains the
right to blacklist Sellers who repeatedly breach delisting thresholds and
retains sole discretion on how the re-listing process in managed.
6. SELLER OBLIGATIONS TO CUSTOMER
Marketplace may forward questions or complaints received by LBL Marketplace’
Customer Service department regarding any sold Product(s) to the Seller. The
Seller shall be obliged to respond to LBL Marketplace on all such questions or
complaints within forty-eight (48) hours of the receipt of such questions or
On receiving Seller’s response to any question or complaint, LBL Marketplace
shall promptly forward the response to the Customer.
If a Seller fails to respond to any question or complaint within forty-eight
(48) hours of receiving the same, the Seller or any of its Products may be
de-listed from the Platform without further notice.
As a service provider for the Seller, LBL Marketplace shall be entitled to
receive a commission for the sale of each Product on the Platform, as agreed
Commissions are calculated as a percentage of tax inclusive sales price.
shall receive all payments for Products purchased on the Platform directly or
through any service provider or any sub-contractor assigned by LBL. LBL
Marketplace will not be involved in any financial transaction between the
seller and customer.
The seller will process the LBL Marketplace commission to the Bank Account via
online transaction provided by LBL Marketplace, within 48hours the order is
received by the customer.
Marketplace will ensure payment statements are available on the Seller Center
with all relevant payment information.
Policy may vary for International Customers other than USA.
The Seller shall be responsible for payment of all custom duties, sales tax,
excise tax, value-added tax and any other duties, excess, fees or charges of
whatsoever nature which may be imposed by governing authorities of any
jurisdiction applicable in connection with sale or supply of its Products on
the Platform and their purchase by Customers. It is clarified that the Seller
shall be solely responsible for the payment of any sales tax on the supply of
these Products to the Customer through the Platform and LBL Marketplace shall
have no liability in this regard.
The Seller warrants to LBL Marketplace that all its Products sold on the
Platform, whether manufactured, imported or otherwise produced or provided by
the Seller or others, will:
Strictly conform to the specifications, drawings, samples, performance
criteria, and other descriptions referred to or provided on the Platform;
Be of merchantable quality and fit for the purpose(s) intended; and
Have all relevant regulatory permits and licenses, and conform to all
applicable laws, ordinances, codes and regulations.
The Seller furthermore warrants and represents to LBL Marketplace that:
It is competent to enter into this agreement and any Contract and its entry
into this agreement and any Contract and the performance thereof have been duly
authorized by all necessary corporate action and constitutes a valid and
binding agreement of the Seller, enforceable against the Seller in accordance
with the terms thereof.
The Products and their packaging will comply with all applicable marking and
None of the Products have been or will be produced or manufactured, in whole or
in part, by child labor or by convict or forced labor.
It and its subcontractors, agents and suppliers involved in producing or
delivering the Products will strictly adhere to all applicable laws of
countries where the Products are produced or delivered, regarding the operation
of their facilities and their business and labor practices, including without
limitation working conditions, wages, hours and minimum ages of workers.
All customs duties, excises tax and any other tax on the import, manufacture or
production of the Products have been duly paid.
9.2.6. It is legally entitled and
permitted to sell the Products that it is listing.
The Products are not dangerous and do not contain any hazardous substance,
contraband, explosives, or any kind of prohibited material as per law.
It will package and ship all Products in accordance with all applicable laws
and the Seller shall be solely responsible for any violation of law and will
indemnify LBL Marketplace against the consequences of any such violation.
All information, including but not limited to all information furnished to LBL
Marketplace with regards to the Products is accurate and up to date.
It shall not host, display, upload, modify, publish, transmit, update or share
any information which infringes any patent, trademark, copyright, proprietary
rights, third party’s trade secrets, rights of publicity, or privacy, is
fraudulent or involves the sale of counterfeit or stolen items.
All formal consents, waivers, approvals, authorizations, exemptions,
registrations, licenses or declarations of or by or filing with, any authority
or contracting party which are required to be made or obtained by the Seller in
connection with the entry into this agreement or any Contract and the
performance of the same, have been duly obtained.
The entry, delivery and performance of this agreement or any Contract by the
Seller will not violate or conflict in any material respect with any law,
statute, rule, regulation, ordinance, code, judgment, order, writ, injunction,
decree or other requirement of any court or of any governmental body or agency
In its performance under this agreement and any Contracts entered into with
Customers, the Seller shall strictly comply with all applicable laws, treaties,
ordinances, codes and regulations, and specifically with any import and export,
and health, safety and environmental, laws, ordinances, codes and regulations
of any jurisdiction (whether international, country, region, state, province,
city, or local) where this agreement may be performed. Upon LBL Marketplace’
written request, the Seller shall provide any written certification of
compliance required by any federal, state, or local law, ordinance, code, or
If necessary, the Seller shall be obliged to procure all formal consents,
waivers, approvals, authorizations, exemptions, registrations and/or licenses
necessary for LBL Marketplace to feature the Products on the Platform, at its
It is our policy to prohibit and actively pursue the prevention of money
laundering and any activity that facilitates money laundering or the financing
or of terrorist or criminal activities. We are committed to anti-money
laundering compliance in accordance with applicable law and require our
directors, officers and employees to adhere to these standards in preventing
the use of our products and services for money laundering purposes. You warrant
that you are not, in any way, actively involved in money laundering or
financing of terrorist or criminal activities or any other illegal activity. We
reserve the right to carry out necessary money laundering, terrorism financing,
fraud or any other illegal activity check before authorizing your account,
payments or processing of any applicable refunds.
10. INTELLECTUAL PROPERTY
Seller warrants and covenants that its import, manufacture, production, sale,
distribution and use of the Products do not infringe directly or indirectly any
Intellectual Property. The Seller warrants, represents and covenants that
featuring of the Products on the Platform does not, directly or indirectly,
infringe any Intellectual Property.
The Seller undertakes and represents to LBL Marketplace that it has all rights
and ownership or is a licensed user of all Intellectual Property in relation to
the Products and the supply of the Products which shall not be infringed due to
marketing, promoting and featuring the Products on the Platform. LBL
Marketplace acknowledges that it will not acquire any rights in respect of the
Intellectual Property in relation to the Products.
The Seller represents and warrants to LBL Marketplace that it is not aware of
any claims made by any third party with regards to any alleged or actual
patent, copyright, trade secret, trademark, trade name, or other intellectual
property right infringement or other claim, demand or action resulting from the
manufacture, sale, distribution or use of the Products.
Both parties agree to release, defend, protect, indemnify and hold their
affiliates, and their respective directors, officers, employees, contractors,
agents, suppliers, users, successors, and assigns, harmless from and against
any and all costs (including attorney fees and court costs on an indemnity
basis), expenses, fines, penalties, losses, damages, and liabilities arising
out of any alleged or actual patent, copyright, trade secret, trademark, trade
name, or other intellectual property right infringement or other claim, demand
or action resulting from the advertising, promotion, manufacture, sale,
distribution or use of the Products.
The Seller shall not be entitled to use any Intellectual Property belonging to LBL
Marketplace without LBL Marketplace’ prior approval in writing.
Both Parties shall not make any negative, denigrating, or defamatory
statement(s)/comment(s) about each other, the brand name, or the Platform, or
otherwise engage in any conduct or action that might tarnish the image or
reputation of LBL Marketplace or Seller’s on the platform or otherwise tarnish
or dilute any LBL Marketplace or Sellers’ trade mark, service marks, trade name
and/or goodwill associated with such trade, service marks or trade name as may
be owned or used by either Party.
All Customer information and data, designs, drawings, specifications,
communications, whether written, oral, electronic, visual, graphic, photographic,
observational, or otherwise, and documents supplied, revealed or disclosed in
any form or manner to the Seller by LBL Marketplace, or produced or created by
the Seller for LBL Marketplace hereunder are the intellectual property of, and
confidential to LBL Marketplace and Seller and shall be used solely by the
Seller for purposes of this agreement. All such information shall be treated
and protected by the Seller as strictly confidential and shall not be disclosed
to any third party without the prior written consent of LBL Marketplace.
Both Parties shall not publicize, disclose, or discuss the existence, content,
or scope, whether generalities or details, of this agreement or make any
reference to each other, the business of either to any third party by any
means, and through any medium (including but not limited to advertising, web
site references, photographs, articles, press releases or interviews, speeches
or programs) without obtaining prior written consent.
The Seller agrees to release, defend, indemnify and hold harmless LBL
Marketplace, including its affiliates, and any director, officer, employee,
contractor, or agent, against any costs (including attorney fees and court
costs on an indemnity basis), fines, penalties, damages, and liabilities,
arising from, alleged to arise from, or in any way associated with:
any defect in Products sold to any Customer;
any claim made by any Customer on the basis of any Contract;
any defect in the packaging or shipping of a Product by the Seller;
any violation of any law committed by the Seller, including any failure by the
Seller to pay any required tax on the import, manufacture, production, sale,
supply, distribution or delivery of a Product;
any negligence or fault of whatever nature of the Seller or its affiliates, and
any director, officer, employee, contractor, or agent; or
any breach in any warranty or representation made herein.
13. LIMITATION OF LIABILITY
The Platform and Seller Center, including all content, software, functions, materials
and information made available on or provided in connection with the seller’s
access to and use of the platform and the seller center, are provided
"as-is." the seller acknowledges and confirms that it will access and
use the platform and the seller center at its own risk. to the fullest extent
permissible by law, LBL Marketplace disclaims:
any representations or warranties regarding this agreement, the contracts or
the transactions contemplated by this agreement, including any implied
warranties of merchantability, fitness for a particular purpose or
implied warranties arising out of course of dealing, course of performance or
usage of trade; and
any obligation, liability, right, claim or remedy in tort, whether or not
arising from LBL Marketplace’ negligence.
Marketplace does not warrant that the functions contained in the platform and
seller center will meet the seller’s requirements or be available, timely,
secure uninterrupted or error free, and LBL Marketplace will not be liable for
any service interruptions, including but not limited to system failures or
other interruptions that may affect the receipt, processing, acceptance,
completion or settlement of any contracts or transactions.
LBL Marketplace is not a party to the contracts between customers and sellers,
if a dispute arises between them, the customer and seller release LBL
Marketplace (and its agents and employees) from claims, demands, and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes.
Marketplace will not be liable (whether in contract, warranty, tort (including
negligence, product liability or other theory) or otherwise) to the seller or
any other person for cost of cover, recovery or recoupment of any investment
made by the seller in connection with this agreement, or for any loss of
profit, revenue, business, or data or punitive or consequential damages arising
out of or relating to this agreement, even if LBL Marketplace has been advised
of the possibility of those costs or damages.
14. FORCE MAJEURE
Marketplace shall not be liable to the Seller or be deemed to be in breach of
this agreement by reason of any delay in performing or any failure to perform
any of LBL Marketplace’ obligations if the delay or failure was due to any
cause beyond LBL Marketplace’ reasonable control. Without prejudice to the
generality of the foregoing the following shall be regarded as causes beyond LBL
Marketplace’ reasonable control:
Act of God, explosion, flood, tempest, fire or accident war or threat of war,
sabotage, insurrection, civil disturbance or requisition;
Acts, restrictions, regulations, byelaws, prohibitions or measures of any kind
on the part of any governmental, parliamentary or local authority;
interruption of traffic, strikes lockouts or other industrial actions or trade
disputes (whether involving employees of LBL Marketplace or of a third party);
interruption of production or operation, difficulties in obtaining raw
materials labor, fuel, parts or machinery;
power failure or breakdown in machinery.
Marketplace may, at its option, fully or partially suspend delivery/performance
while such circumstances continue and LBL Marketplace shall not be liable for
any loss or damage suffered by the Seller as a result of such suspension,
including but not limited to from the Seller’s failure to fulfill any Contract
with a Customer.
15. DURATION & TERMINATION
This agreement remains valid for one year extendable by tacit agreement until
one of the parties terminates it.
The Seller may terminate this agreement by means of thirty (30) Days’ notice by
registered letter with acknowledgement of receipt.
On or at any time after the occurrence of any of the events of default in
Clause 15.4 LBL Marketplace shall, in addition to any rights or remedies it may
have in law, in equity, be entitled to terminate this agreement with immediate
effect by written notice to the Seller.
The following shall constitute events of default:
the Seller being in breach of any warranty or representation under this
agreement or any Contract;
the Seller being in breach of any obligation under this agreement or any
Contract and failing to remedy the same on or before seven (7) Business Days
from receipt of a written notice from LBL Marketplace of such breach;
the Seller passing a resolution for its winding up or a court of competent
jurisdiction making an order for the Seller’s winding up or dissolution;
The making of an administration order in relation to the Seller or the
appointment of a receiver over or an encumbrance taking possession of or
selling any of the Seller’s assets;
the Seller making an arrangement or settlement with its creditors generally or
applying to a court of competent jurisdiction for protection from its
the Seller ceasing or threatening to cease to carry on business; or
LBL Marketplace reasonably apprehends that any of the events mentioned above is
about to occur in relation to the Seller and notifies the Seller accordingly.
The termination of this agreement shall not terminate any Contracts already
entered into and the Seller shall be obliged to perform all Contracts entered
into with Customers.
The Parties will settle all outstanding liabilities on termination of this
17.1. All notices between the
Parties shall be in writing.
18. RELATIONSHIP OF THE PARTIES
Nothing in this agreement will create any partnership, joint venture,
franchise, sales representative or employment relationship between the Parties
or impose any liability on LBL Marketplace in relation to the Seller beyond
that specifically expressed in this agreement as a commission agent.
The Seller acknowledges and agrees that LBL Marketplace may at its sole
discretion modify, amend or change any of the General Terms and Platform
Policies and such modified, amended or changed General Terms and Platform
Policies shall come into force and be binding on the Seller upon the posting of
such changes on Seller Center or on the Platform, and the Seller is responsible
for reviewing these locations and informing itself of all applicable changes or
notices. The Seller should refer regularly to Seller Center to review the
current agreement (including the Platform Policies). LBL Marketplace will
inform the Seller of any modification via email. THE SELLER’S CONTINUED ACCESS
AND USE OF THE PLATFORM AND SELLER CENTER AFTER LBL MARKETPLACE’ POSTING OF ANY
CHANGES WILL CONSTITUTE ITS ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
The Seller will then have fourteen (14) days to accept any and all
modifications or communicate disagreement via the Seller Center or via Email.
If there is no response from the Seller it will count as an agreement on the