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OpenSky Merchant Quality of Service Agreements

Customer & Store Issue Resolution

All Merchants must provide both a valid email address and telephone number where they can be contacted by OpenSky support for assistance resolving customer questions, or with other questions about Merchant’s store, products or orders.

All email and telephone call messages from OpenSky that request a response must be answered within 2 business days. Failure to respond to messages in the specified time period will result in penalties applied to Merchant’s account as defined in the Quality of Service Violation Fees and Penalties.

Example: If OpenSky sends an email to Merchant on Monday, a response must be received by OpenSky by Wednesday to avoid a penalty. If OpenSky sends an email to Merchant on Friday, a response must be received by Tuesday of the following week.

Merchant & Customer Order Cancellation

Merchant Canceling an Order.

If Merchant cannot fulfill an order due to extraordinary circumstances, Merchant must cancel the order as soon as possible using the provided option on the OpenSky platform or by contacting the OpenSky Merchant Help team from https://www.opensky.com/content/contact-us. Orders can only be canceled prior to shipment. Orders cannot be canceled in an attempt to avoid fees. Transaction Fees will still be assessed for any Orders canceled by Merchant.

If Merchant cancels more than 5% of orders in any rolling 30 day window, Merchant’s account may be suspended and reviewed by OpenSky.

Buyer Canceling an Order.

Merchant acknowledges and agrees that any buyer of a Product will be allowed to cancel an order as long as such order has not been prepared for shipment. OpenSky will promptly notify Merchant of any buyer-initiated canceled orders through email and through Merchant’s OpenSky account on the OpenSky Platform.

Shipping & Inventory

Inventory Information.

Merchant shall keep OpenSky apprised, via the OpenSky Platform, of all inventory levels and inventory changes. Merchants who do not properly keep OpenSky apprised of inventory levels and must cancel orders as a result may be subject to further action as defined in the Quality of Service Violation Fees and Penalties.

Tracking Information.

Merchants must provide tracking information from a public carrier for each order to OpenSky no later than 24 hours after requesting a shipping label from the carrier. Merchants who do not provide OpenSky with accurate public tracking information will be liable for all charges and fees that result from any disputes or problems with such orders. Additionally, orders that do not have tracking information shall be eligible for return, refund or other adjustment at OpenSky’s discretion. NOTE: Amazon Logistics is not considered a public carrier and cannot be used on OpenSky.

Fulfillment.

All orders must show a carrier pick up via the provided tracking information within 2 business days of being placed. The day an order is placed is excluded from the calculations.

Example: An order placed on a Monday must show a carrier pick up via the provided tracking information no later than Wednesday. An order placed on a Thursday must show a carrier pick up no later than Monday of the following week.

All orders that fail to meet these shipping requirements may be subject to penalties as defined by the Quality of Service Violation Fees and Penalties.

Orders for customized, personalized or made-to-order products (“Custom Products”) are exempt from the requirement to show a carrier pick up within 2 business days, and instead must show a carrier pick up within the estimated ship time provided by Merchant through the OpenSky platform.

Delivery.

Merchants shall use competitive shipping providers, and ensure that orders are delivered to buyers no later than the 10th business day after orders have been placed.

Custom Products will be delivered to the customer no later than the 15th business day after the date that the order was placed.

Orders that fail to meet these delivery requirements may be subject to penalties as specified in the Quality of Service Violation Fees and Penalties.

Return & Transaction Disputes

Policy.

Merchant must allow customers to initiate Product returns for any reason within 14 calendar days from shipment delivery date and accept such returns in accordance with the terms herein, unless such Product meets the following specified exemptions, at OpenSky’s sole discretion. These exemptions include (i) Custom Products (ii) clearance Products that have been discounted and whose inventory will not be replenished and (iii) Products listed or reasonably fall in the following categories: books, electronic media, beauty products (excluding electronics), mattresses, undergarments and perishable items. For clarity, these exemptions shall not apply to Products that are delivered different than described, damaged or late (as further detailed in the Disputes subsection below). Merchant shall be solely responsible for and shall hold OpenSky and its customers harmless from, all costs and expenses associated with Product returns, and for handling all returns and customer service requests relating to the Products at its expense.

Procedure.

All Product returns shall be shipped directly from the applicable customer to Merchant, and will be facilitated by OpenSky. Merchant shall cooperate with OpenSky to provide all reasonably requested information required to make return shipping labels available to customers through the OpenSky Platform, at Merchant’s expense.

Disputes.

Products Not Received:

Occasionally, Merchants may ship a Product but the corresponding buyer does not receive that Product. In these situations, OpenSky may require Merchant to provide further information such as proof of shipping or proof of delivery to help resolve the dispute.

OpenSky reserves the right to issue a buyer of a Product a refund, and adjust Merchant’s account accordingly.

Product is Different than Description:

Occasionally, a buyer purchases a Product but receives a product that is different than the Product described on the OpenSky Platform. In these situations, OpenSky may require both Merchant and buyer to provide further information, such as photographs and other information to help resolve the dispute. Upon review of such information, OpenSky reserves the right to issue a buyer a refund or return, and adjust Merchant’s account accordingly.

Damaged Products:

Occasionally, a buyer purchases a Product and receives a damaged product. In these situations, OpenSky may require both Merchant and buyer to provide further information such as photographs and other information to help resolve the dispute. Upon review of such information, OpenSky reserves the right to issue a buyer a refund or return, and adjust Merchant’s account accordingly.

Products Shipped Late:

Occasionally, Merchant ships a Product outside of promised shipping times. In these situations, OpenSky reserves the right to issue the Product buyer a refund, or initiate a return of the Product to Merchant, and adjust Merchant’s account accordingly.

Failing to comply with any items in this agreement may result in fees and penalties as defined in the Quality of Service Violation Fees and Penalties.

Quality of Service Violation Fees & Penalties

Each section below outlines the penalties and fees associated with violations of the requirements cited in the OpenSky Merchant Quality of Service Agreements.

Failure to meet Shipping requirements.

For each order that does not show a carrier pick up within 2 business days of the order placement date, a $5 fee per occurrence may be assessed to Merchant’s account and will be deducted from their next payment.

Orders for customized, personalized or made-to-order products (“Custom Products”) are exempt from the requirement to show a carrier pick up within 2 business days, and instead must show a carrier pick up within the estimated ship time provided by Merchant through the OpenSky platform.

In addition, if an order is not delivered to the consumer within 10 business days of the order placement date, Opensky reserves the right to refund the consumer, and issue a $5 late shipment fee, which will be deducted from Merchant’s next payment.

Orders for Custom Products must be delivered within 15 business days, and may incur a $5 fee per occurrence for each order that does not reflect delivery by that time.

Merchant-initiated cancellations.

If Merchant cancels more than 5% of orders in any rolling 30 day window, Merchant’s account may be reviewed and suspended by OpenSky. Transaction Fees will also be assessed for any Orders canceled by Merchant.

In addition, if an order has already passed the 2 business day shipping SLA, and has yet to be assigned a valid tracking number reflecting a carrier pickup, OpenSky reserves the right to cancel the order on behalf of Merchant and assess the applicable Transaction Fee.

Orders for Custom Products may be canceled on behalf of Merchant if the tracking number provided does not show delivery within 15 business days and/or the order is already past the delivery window, but has yet to be assigned a valid tracking number. For each instance, a merchant-initiated cancellation will occur, and the applicable Transaction Fee will be assessed.

Failure to respond to request for information.

Five occurrences of a failure to respond to OpenSky within the allotted 2 business day SLA may result in a $100 fee being deducted from the Merchant’s next payment. This fee will not be applied more than once every 30 days.

Account Suspension and Termination.

Repeated violations of any policy will be cause for suspension or termination of Merchant’s account from OpenSky without notice.

In the event that Merchant’s account has been suspended or terminated for any reason, Merchant remains obligated to pay any outstanding fees owed to OpenSky.

Packaging Requirements.

  • Clothing, stuffed animals, blankets, towels and all other items with fabric must be poly- bagged
  • Fragile merchandise must be properly packed to ensure there is no damage in transit
  • Non-fragile product must have appropriate dunnage (air pillows, craft paper) to ensure merchandise does not shift in transit
  • Do not use paper shreds or newspaper as dunnage
  • Do not include any promotional inserts
  • Opensky branding and customer service details must be visible on the packing slip
  • Seal shipping container
  • Print and affix shipping label to outside of container

Failure to follow these guidelines will result in a $100 fine per instance.

Duplicate Product Listings.

Products are considered to be duplicates if the items have identical names, descriptions or images to those previously listed or currently available on the OpenSky Platform. Duplicate products are prohibited on the OpenSky Platform.

To prevent duplicate listings, Merchants should ensure they clearly show the differences between their listing and any other listings as it relates to the title, price, product description, images, etc.

Similar Product Listings.

Notwithstanding the foregoing ,as an open marketplace, OpenSky does not discriminate against the selling of items deemed "similar", defined by listings that share similar elements in their titles, descriptions or images to those previously listed or currently available on the platform.

General Rules & Penalties.

Duplicate Product listings will be downgraded or blocked in the OpenSky shopping algorithm. Where serious violation of duplicate Product listings are found, the Merchant will be subject to store review and suspension from the OpenSky Platform.

These OpenSky Merchant Quality of Service Agreements incorporate by reference the terms and conditions of the OpenSky Merchant Agreement, provided that the terms and conditions set forth in these Merchant Quality of Service Agreements shall supersede any conflicting terms and conditions of the Merchant Agreement. Any capitalized terms used herein without definition will have the same meanings as specified therefor in the Merchant Agreement.

Updated: May 1, 2017