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MERCHANT RULES

MERCHANT PROFILE PAGE (STORE)

All merchants will provide information about their store in the profile page and abide by the following rules:

  • Merchant policies must abide by OpenSky’s site-wide policies.
  • Merchant may not make illegal use of photographs, written text or videos.
  • Merchant may not infringe on another’s copyright or trademark rights.
  • Merchant may not use inappropriate, defamatory, libelous, obscene, profane, or racist language, images or videos in their profile.
  • Merchants must notify customers through its store if the Merchant is on vacation and will not be able to ship within the designated time frame

Merchants who do not comply with OpenSky policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated merchants remain obligated to pay OpenSky for any unpaid fees that have already been accrued.

PRODUCTS

Product listings that do not comply with OpenSky’s policies may result in suspension of account privileges and/or termination. Suspended or terminated merchants remain obligated to pay OpenSky for all unpaid fees that have already been accrued.

Merchants must adhere to the following rules as it relates to product sales and descriptions:

  • The merchant must be an authorized, licensed, or otherwise approved reseller and distributor of any goods that are manufactured or trademarked by another party.
  • Products may not infringe upon others' patents, copyrights, and trademark rights.
  • Product descriptions and photos must accurately describe the item for sale. They may not promise or suggest results involving luck, magic, psychic phenomena, or chance-based outcomes.
  • Product names and descriptions may not include other brand names, e.g. for comparisons.
  • Product names may not include descriptive adjectives, e.g. "cheapest" or "best." (An exception is available for words and phrases that are integral to the product itself, such as graphic print t-shirts that display those phrases.)
  • Product names and descriptions may not describe or suggest drug-like substances, or make medical claims about an item.
  • Each product must be available for purchase.
  • A product may not be created for the sole purpose of sharing photographs or other information.
  • A product may not be created solely as an advertisement to drive traffic to another site. This includes notices of sales or promotions.
  • The Merchant will not price the product (including the shipping) at a higher price than the product is listed on its own website or on any known third-party website.
  • A product should not be created with an inaccurate price in order to keep it from selling.
  • The shipping price must be reasonable for the item.
  • The merchant will not import goods into the US that were intended for distribution elsewhere, are embargoed, or are from prohibited countries.
  • Each unique item must be its own product.
  • The Merchant may group items as a set into a single product if the items are being sold and shipped together.
  • The Merchant may not use OpenSky to direct shoppers to another selling venue to purchase the same items as listed at OpenSky, as this may constitute fee avoidance. This includes posting links/URLs or providing information sufficient to locate the other online venue(s).

LIMITED PRODUCTS

The following products may only be listed and sold by direct invitation from the OpenSky retail team:

  • Cell phones, unlocked cell phones, and cell phone and wireless service contracts. (Sorry, we're not accepting new merchants at this time.)
  • Collectibles, collectible books, entertainment collectibles, and sports collectibles.
  • Dietary supplements, energy food and drinks; or nutritional supplements.
  • Donations and the advertised sharing of a portion of profits. Charity, fundraising, tax deductible contributions, causes. (Sorry, we're not accepting new merchants at this time.)
  • Jewels and precious gems.
  • Plants and seeds, weeds.
  • Printer ink and toner.
  • Refurbished products.
  • Religious items and iconography.
  • Self balancing scooters / hover boards.
  • Vintage products.
  • Watches.

PROHIBITED PRODUCTS

Merchants are not permitted to list and sell Prohibited Products as defined below:

  • Adult products, pornography, sexually explicit material, sex, sexual wellness, sexual health, sensuality.
  • Alcohol, alcoholic beverages, beer, wine, and spirits.
  • Animals, animal food and medicine, live animals, animal and wildlife products, pesticides, mounted specimens, illegal animal products, ivory, and taxidermy. Non-consumable animal products such as cages, leashes, and bedding, are allowed. Faux taxidermy and faux furs are also allowed.
  • Artifacts, grave-related items, and Native American arts and crafts.
  • Automotive and powersport vehicles and products, motor vehicles, automotive parts & accessories, performance-modifying accessories including catalytic converters and test pipes. Dashboard devices and phone mounts are allowed.
  • Cable TV de-scramblers, radar scanners, traffic signal control devices, and traffic devices.
  • Contests, raffles, gambling, lottery, slot machines, and casinos.
  • Coupons, gift cards, and manufacturer's coupons.
  • Currency, coins, cash Equivalents, credit cards, online currency, and counterfeit currency.
  • Digital products, including ebooks, websites, apps, stock photography, online memberships, and bespoke software.
  • Drugs (whether illegal, prescription, or over-the-counter), drug paraphernalia, drug-like substances.
  • Event tickets.
  • Firearms, weapons, replicas of weapons, military items, knives, pepper spray, stun guns, paint ball guns, Airsoft, BB/pellet guns, and weapon accessories including holsters, bayonets, ammunition, and rifle scopes. NO NINJA STARS BRO!
  • Garments and other items not in compliance with labeling requirements under the Textile and Wool Acts.
  • Government documents, IDs, and licenses, including shipping- and transit-related items, postage meters and stamps. Police- and law enforcement-related items.
  • Hazardous and dangerous items and materials, including all batteries, fireworks, refrigerants, pesticides, choking hazards, and products containing lead and phthalates.
  • Human remains or body parts, including burial artifacts.
  • Industrial & scientific products, equipment and material.
  • Lock picks, lock-picking devices, and blank keys.
  • Mailing lists and personal information.
  • Medical devices, instruments, and accessories; healthcare; and prescription eyewear, including contact lenses.
  • Stocks and other securities, equity, loans, international trading, monetary return on investment, share of a company or profits, loan repayment.
  • Multi-level marketing, pyramid, and matrix programs.
  • Offensive material and products, pornography, ethnically or racially offensive material, and Nazi memorabilia.
  • Political content, memorabilia, and reproduction, including endorsement of or opposition to political candidates.
  • Products that promote violence or are biased towards others based on race ethnicity, religion, gender, gender identity, disability, or sexual orientation.
  • Products featuring offensive and/or disputed imagery or symbols.
  • Real estate and immovable property.
  • Rentals, contracts, licenses, and memberships. Warranties.
  • Safety equipment.
  • Services, consultations, and advice.
  • Stolen property, illegal products, property with removed serial numbers, fake documents, and items encouraging illegal activity.
  • Spells, potions, readings, and any products or services with magical or luck-altering properties.
  • Surveillance equipment and code-grabbing devices.
  • Textbooks, textbook rentals, and online information products.
  • Tobacco and other smokeable products, tobacco-related products, lighters, electronic cigarettes, vaporizers, and information about quitting smoking.
  • Travel, tours, and tickets.
  • Unlicensed products; trademark, copyright, and intellectual property violations.
  • Used and recalled products.

OpenSky reserves the right to remove products that are determined to not uphold the brand, reputation or image of OpenSky at its sole discretion.

MATURE CONTENT

OpenSky aims to maintain a marketplace appropriate for general audiences, therefore the use of mature content must comply with the following policies. Mature content is defined as content such as pornography or violence that is not generally thought to be appropriate for viewing by children.

  • Merchants may not list products with mature content without prior approval from OpenSky. All products containing mature content should be labeled “mature."
  • Merchant profiles, banners and products should not contain profane language or images.
  • Images seen by general public should be appropriate for a general audience.

Merchants who do not comply with OpenSky policies may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated merchants remain obligated to pay OpenSky for any unpaid fees already accrued.

These Merchant Rules incorporate by reference the terms and conditions of the OpenSky Merchant Agreement and the OpenSky Merchant Quality of Service Agreements, provided that the terms and conditions set forth in these Merchant Rules shall supersede any conflicting terms and conditions of the Merchant Agreement or the Quality of Service Agreements.

Last Updated: July, 1 2017