Welcome to DropShip Sphere
Export. where DropShip Sphere-registered Buyers will be able to enjoy the
rights and privileges described in these DropShip Sphere Terms of
Service (these “DropShip Sphere Terms of Service”) when purchasing Mall
Items (defined below) on DropShip Sphere from any of our participating
Sellers that have been carefully selected by DropShip Sphere (such
Sellers, “Mall Sellers”, and such Buyers, “Mall Buyers”). If you are a Mall
Buyer, you will be deemed to have consented to the terms and conditions
described in these DropShip Sphere Terms of Service when you make
purchases on DropShip Sphere. Similarly, if you are a Mall Seller, you will
be deemed to have consented to the terms and conditions described in
these DropShip Sphere Terms of Service by your continued participation
in DropShip Sphere. These DropShip Sphere Terms of Service
supplement the Terms of Service and the other DropShip Sphere Policies,
of which these DropShip Sphere Terms of Service forms a part – please
read the Terms of Service and the other DropShip Sphere Policies
available on the Site as they contain important information regarding your
rights and obligations. Any terms that are used in these DropShip Sphere Terms
of Service that are not defined here will have the meanings given to such terms
in the Terms of Service and/or the applicable DropShip Sphere Policy.
All terms and conditions described in these DropShip Sphere Terms of
Service are subject to change at DropShip Sphere’s discretion pursuant to
the Terms of Service.
1. DropShip Sphere Refunds
and Return Policy
1.1
Mall Buyer may apply for a refund and/or return of an item purchased
on DropShip Sphere (a “Mall Item”) by completing the return/ refund
request on the Site and returning the Mall Item as described below at any time
within seven (7) calendar days after the date that Mall Item was first made
available for Mall Buyer to take delivery (the “Free Return Period”). Usually,
that date would be the date Mall Buyer received delivery of the Mall Item;
however, if Mall Buyer did not receive the Mall Item because of Mall Buyer’s
absence from the destination address or Mall Buyer’s failure to input the
proper destination address, that date would be the date on which delivery
attempt was first made.
1.2
Please note that Mall Buyer must ship or drop off the Mall Item to or at
a location designated by DropShip Sphere within five (5) days after the
return request is raised and in any event no later than the last day of the
Free Return Period. All Mall Items that are returned must be returned via a
courier designated by DropShip Sphere by no later than the last day of
the Free Return Period. DropShip Sphere reserves the right to reject
any application where the Mall Item was dispatched later than five (5) days
after the return request is raised.
1.3
The approval of your request for refund and return will be made by DropShip Sphere
Export in its sole discretion after reviewing your completed refund/return
request and inspecting the condition of the Mall Item that was returned.. Mall
Buyer acknowledges and agrees that DropShip Sphere’s decision is final,
conclusive and binding, and covenants and agrees that it will not bring suit or
otherwise assert any claim against DropShip Sphere or its affiliates in
relation to such decision. The Mall Item that was returned to DropShip Sphere
Export must be, at a minimum, in the following conditions:
● New and sealed
condition;
● Complete, with all
items included in the purchase; and
● With original
product packaging and price tags.
If any additional
conditions apply to a certain Mall Item, DropShip Sphere will inform
you via the Site, SMS or email. The conditions for the Mall Items subject to
return are referred to as the “Return Conditions”.
1.4
In addition, please note that certain types of Mall Items may be excluded
from the Refunds and Return Policy described in these DropShip Sphere Terms
of Service, including:
● Digital goods, such
as mobile top-up cards, audio or video recording or software;
● Goods that are
perishable or may otherwise deteriorate or expire rapidly, such as groceries;
and
● Goods that are not
suitable for return due to health protection or hygienic reasons, such as
cosmetics, swimwear and underwear.
If any Mall Item is
excluded from the Refunds and Return Policy described in these DropShip Sphere
Export Terms of Service, DropShip Sphere will make reasonable
efforts to publish that information on our Site or otherwise inform the Mall
Buyers; however, please note that our policies may change without notice at any
time and certain Mall Items may be subject to exclusion after Mall Buyer has
purchased them. Any Mall Item that is subject to exclusion from the Refunds and
Return Policy described in these DropShip Sphere Terms of Service is
referred to as an “Excluded Item”.
1.5
DropShip Sphere reserves the right to (a) add to or otherwise amend
the list of Excluded Items and/or the Return Conditions and (b) amend,
terminate or suspend the Refunds and Return Policy described in these DropShip Sphere
Export Terms of Service (including the length of the Free Return Period),
in each case, at any time in its sole discretion.
1.6
DropShip Sphere may reject in its sole discretion any returned Mall
Item (and the related request for refund and return):
● that is an Excluded
Item;
● that does not meet
the Return Conditions; or
● if the Mall Item
was returned in a manner that does not comply with Section 1.2 above.
Please note
that DropShip Sphere’s determination will be based on the list of terms of
conditions in effect at the time of such determination (including the list of
Excluded Items, the Return Conditions and the Free Return Period), and
therefore pursuant to Section 1.5 above, such list of Excluded Items, the
Return Conditions and/or the length of Free Return Period may be different from
those in effect at the time Mall Buyer has completed the refund/return request
and/or returned the Mall Item.
If DropShip Sphere rejects
a request for refund and return, DropShip Sphere will organize the
delivery of such Mall Item to the relevant Mall Buyer’s address to which the
Mall Item was originally delivered, and DropShip Sphere shall be
entitled to seek compensation from such Mall Buyer for any costs incurred in
delivering the Mall Item back to such Mall Buyer.
1.7
DropShip Sphere reserves the right to terminate a User’s access
to DropShip Sphere if it suspects any abuse of the Refunds and Return
Policy described in these DropShip Sphere Terms of Service and,
if DropShip Sphere deems appropriate, may also impose penalties
(including recovery of any fees or charges incurred as a consequence of such abuse).
1.8
The Refunds and Return Policy for Mall Items described in these DropShip Sphere
Export Terms of Service are in addition to the general Refunds and Return
Policy described in the Refunds and Return Policy. If there is any
inconsistency, the Refunds and Return Policy described in these DropShip Sphere
Export Terms of Service will prevail in respect of Mall Items.
2. Mall Seller
Terms and Conditions
2.1 If
you are a Mall Seller, you should have received a separate written notification
from DropShip Sphere informing you of your selection to participate
in DropShip Sphere. If you decide not to participate in DropShip Sphere at
any time, please inform DropShip Sphere in writing; otherwise, you will
be deemed to have elected to continue your participation in DropShip Sphere and
consented to the terms and conditions set out in these DropShip Sphere Terms
of Service.
2.2 Each
Mall Seller warrants that the Mall Item it offers on DropShip Sphere and
actually delivered to Mall Buyer (a) complies with (i) applicable law and (ii)
the specifications listed (and made available to Mall Buyer) on the Site,
including any and all product warranties, specifications, drawings, samples,
performance criteria and all applicable quality, safety and hygiene
requirements, and (b) will be free from defects. Each Mall Seller understands
and agrees that it will be responsible for any non-conformity or defect in, or
any public or private recall of, any of the Mall Items, and will hold DropShip Sphere
Export harmless from any losses relating to the foregoing.
2.3 If a
Mall Seller is found to have offered or sold any Mall Item on DropShip Sphere
Export that is restricted under DropShip Sphere’s Prohibited and
Restricted Items Policy, DropShip Sphere reserves the right to, at its
sole discretion, remove the offending Mall Items from DropShip Sphere, and execute
refunds (and any adjustments) to Mall Buyers who have purchased such Mall Items
(even if Mall Buyers did not comply with any of the requirements described in
Section 1 above), in which case Mall Seller agrees to reimburse DropShip Sphere
Export for all such refunds (including any related costs and charges) and
authorizes DropShip Sphere to deduct such amounts from any amounts
payable to Mall Seller or take such other action as deemed appropriate by DropShip Sphere
Export in its discretion.
2.4
DropShip Sphere’s determination to approve a refund or return of a
Mall Item pursuant to Section 1 above is binding on the relevant Mall Seller.
Mall Sellers agree to comply and do all such things as necessary to give effect
to a Mall Buyer’s request for a refund or return approved by DropShip Sphere.
2.5 For
any refund or return request approved by DropShip Sphere, DropShip Sphere will
organize the delivery of the relevant returned Mall Item to the address
provided by the relevant Mall Seller to DropShip Sphere in writing for
the completion of the refund and return process, at no additional cost to such
Mall Seller so long as such address is in the country in which the relevant
Mall Item was listed for sale on the Site (a “Local Address”). If Mall Seller
fails to provide a Local Address for return of the returned Mall Item or
otherwise fails to accept delivery of the returned Mall Item within a
reasonable period of time (as determined by DropShip Sphere), DropShip Sphere
Export reserves the right to dispose of such Mall Item in any manner it
sees fit and Mall Seller shall be deemed to have forfeited all rights to such
Mall Item.
2.6
Notwithstanding the above, DropShip Sphere may determine at its sole
and absolute discretion that a Mall Item approved for refund or return shall
not be returned to Mall Seller, and Mall Seller shall be deemed to have
forfeited all rights to such Mall Item.
2.7 For
any refund or return rejected by DropShip Sphere where the relevant
Mall Item was received by DropShip Sphere, DropShip Sphere will
organize the delivery of such Mall Item to the relevant Mall Buyer’s address
pursuant to Section 1.6 above.
2.8
Where DropShip Sphere approves any refund or return request, Mall
Seller may appeal such decision by contacting DropShip Sphere and
providing evidence in support of such appeal. If DropShip Sphere upholds
Mall Seller’s appeal, it will disburse all or part of the Buyer’s Purchase
Monies to Mall Seller. Mall Seller acknowledges and agrees that DropShip Sphere
Export’s decision is final, conclusive and binding, and covenants and agrees
that it will not bring suit or otherwise assert any claim against DropShip Sphere
Export or its affiliates in relation to such decision.
3. DropShip Sphere
Export 100% Authentic Product Policy
3.1
All products listed by Mall Sellers must be 100% authentic.
3.2
Counterfeit products are prohibited from being listed in DropShip Sphere
Export. The term “counterfeit” encompasses a product that was made in exact
imitation of an existing brand with the intention to deceive or defraud and may
include, but is not limited to:
● A product that
violates any local country laws in which they are sold;
● A product that is a
fake or a replica of an existing official product;
● A product that has
never been produced by a specific brand;
● A product that is
significantly under-priced;
● A product
containing a registered trademark on the product, the packaging or anywhere
related to the product without the authorization of the trademark owner;
● A product that
contains specific design elements (e.g. cartoon characters or colourways) protected
by a trademark; without the authorization of the trademark owner;
● A product that
bears such similarities with other products (e.g. a replica of a branded item
with or without altered logos) without the authorization of the trademark
owner;
● A product that has
no visible trademark on the product image on the listing, but the delivered
product includes a trademark; and
● Usage of a photo on
the listing that contains the trademark of a brand.
3.3
Original equipment manufacturer (“OEM”) brands are permitted as
long as no official brand logo is displayed on any OEM product image and no
official brand name is stated in any part of the product information.
3.4
If requested by DropShip Sphere, the Mall Seller shall
promptly provide documentation to DropShip Sphere that proves (to DropShip Sphere
Export’s reasonable satisfaction) the authenticity of the Mall Item including,
but not limited to, manufacturer sales invoices, authorized distribution
agreements and/or certificates of authenticity (“Proof of Authenticity”).
3.5
If the Mall Seller fails to provide Proof of Authenticity, the Mall
Seller shall:
(a)
accept the return of the Mall Item from the Mall Buyer; and
(b) be
liable to compensate DropShip Sphere for such other costs, expenses,
losses and liabilities suffered or incurred by DropShip Sphere (including,
but not limited to, loss of goodwill) as determined at DropShip Sphere’s
sole discretion.
3.6
In the event that DropShip Sphere determines, at its sole
discretion, that Mall Seller has violated Section 3, DropShip Sphere may
take all appropriate measures, including but not limited to removing the
counterfeit Mall Item listing from the Site, prohibiting the publication of the
same or similar goods and/or restricting, suspending or terminating the Mall
Seller's DropShip Sphere account and/or access to DropShip Sphere.
Mall Seller's obligations and liabilities under these Terms of Service will not
be affected by the restriction, suspension or termination of the Mall Seller’s
account.
4. DropShip Sphere
Export Commission Fees
4.1
DropShip Sphere charges a fee for all successful transactions
completed by Mall Sellers on the Site (“DropShip Sphere Commission Fee”).
The DropShip Sphere Commission Fee is borne by the Mall Seller, and is
calculated as (a) two percent (2%) of the Gross Settlement Price, for the sale
of electronics products (e.g. audio, cameras & drones, computers &
accessories, gaming & consoles, mobile & gadgets, home appliances) (b)
three percent (3%) of the Gross Settlement Price, for the sale of fast-moving
consumer goods (e.g. beauty, food & beverages , health products, mom &
baby, pets, home & living - home fragrance & aromatherapy, home &
living - home care supplies); and (c) five percent (5%) of the Gross Settlement
Price, for the sale of any other products that are not otherwise specified
herein. The Gross Settlement Price is the Seller’s original listing price of an
item, minus any Mall Seller-sponsored discounts or vouchers, rounded to the
nearest peso. For avoidance of doubt, the categorization of an item set out in
Section 4.1 (a), (b) or (c) above shall be at DropShip Sphere’s sole and
absolute discretion. The DropShip Sphere Commission Fee is
inclusive of value-added tax. DropShip Sphere shall issue receipts or
tax invoices for the DropShip Sphere Commission Fee upon submission by
the Mall Seller of proof of registration with the Bureau of Internal Revenue.
4.2
Following the successful completion of a transaction, DropShip Sphere
Export shall deduct the DropShip Sphere Commission Fee from the
Buyer’s Purchase Monies, and remit the balance to the Mall Seller in accordance
with Section 11.2 of the Terms of Service.
4.3
For the avoidance of doubt, the DropShip Sphere Commission
Fee under this DropShip Sphere Terms of Service applies in addition to
the Transaction Fee under the Terms of Service.
5. DropShip Sphere Milk
Formula Guarantee
5.1
The DropShip Sphere Milk Formula Guarantee program
is DropShip Sphere’s commitment to brand authenticity and product freshness
of each qualifying milk formula product.
5.2
Mall Buyers may apply for a refund and return of any purchased
Qualifying Milk Formula Product if such Qualifying Milk Formula Product: (a)
does not meet the DropShip Sphere 100% Authentic Product Policy under
Section 3 above; or (b), the expiration date of the Qualifying Milk Formula
Product is less than six (6) months from date of first attempted delivery of
such Qualifying Milk Formula Product (“Freshness Guarantee”).
5.3
If the Qualifying Milk Formula Product does not meet the (a) DropShip Sphere
Export 100% Authentic Product Policy in Section 5.2(a) above, the affected
Mall Buyer shall be refunded 200% of the Buyer’s Purchase Monies, and (b)
Freshness Guarantee in Section 5.2(b) above, the affected Mall Buyer shall be
refunded 100% of the Buyer’s Purchase Monies. All refunds shall be made
through the same mode as the original payment method, unless the payment method
was cash on delivery in which case refunds shall be made to the Mall
Buyer’s E-Wallet.
5.4
DropShip Sphere reserves the right to, at its sole discretion
and without prior notification, reject, refuse or exclude a Mall Buyer’s claim
under this DropShip Sphere Milk Formula Guarantee including (without
limitation) where the claim for refund and return is not complete, incorrect,
non-compliant or non-fulfilment of any of the applicable terms, or where there
is any attempt to compromise or tamper with the Qualifying Milk Formula
Product. DropShip Sphere reserves the right not to disclose the reasons
for unsuccessful claims. No correspondence will be entertained.
5.5
All of DropShip Sphere’s decisions on this DropShip Sphere Milk
Formula Guarantee are final and binding including but not limited to
determining eligible claimants, number of submissions per claimant, legibility
of photographs and submissions, time and date cut-offs, limits to this DropShip Sphere
Export Milk Formula Guarantee, and maximum amount of refund.