Sears Marketplace Vendor Information Guide - Sears Marketplace Vendor Information Guide
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Sears Marketplace Vendor Information Guide Sears Marketplace Vendor Information Guide Marketplace team v.3.2 © 2015 Sears Brands, LLC 1
Sears Marketplace Vendor Information Guide Table of Contents Table of Contents....................................................................................................................... 2 1. About the Vendor Information Guide .............................................................................. 4 1.1 Sears Marketplace Overview .................................................................................... 4 1.2 Sears Marketplace Contacts/Acronyms .................................................................... 6 2. Seller Requirements............................................................................................................... 7 2.1 Sears Marketplace Registration Requirements ......................................................... 8 2.2 Sears Marketplace Merchandise Item Setup ............................................................ 9 2.3. Order Management ................................................................................................12 3. Operational Requirements ....................................................................................................13 3.1 Shipping and Packaging Requirements ...................................................................14 3.2. Pack Slip ................................................................................................................14 3.5 Returns & Cancellation ............................................................................................15 3.6. Inventory Updates ..................................................................................................16 3.7 Customer Service ....................................................................................................16 4 Food Safety Guidelines ........................................................... Error! Bookmark not defined. 4. Business Standards ..............................................................................................................18 4.1.1 Legal ....................................................................................................................18 4.1.a Seller Agreements & Certifications .......................................................................18 4.1.b Safety, Health & Quality Product Recalls ..........................................................20 4.1.e Confidentiality..................................................................................................21 4.1.f Banned/Restricted Countries & Parties ............................................................21 4.1.g Environmental Compliance ..................................................................................21 © 2015 Sears Brands, LLC 2
Sears Marketplace Vendor Information Guide 4.2 Insurance .............................................................................................................22 4.2.a Product Liability Insurance Limits .....................................................................24 5. Seller Compliance .................................................................................................................30 5.1 Purchase Order Fulfillment Errors............................................................................31 5.2 Shipping Requirements ...........................................................................................33 Appendix A – Sample Pack Slip ................................................................................................36 Appendix B – Sample Box Label ...............................................................................................38 © 2015 Sears Brands, LLC 3
Sears Marketplace Vendor Information Guide 1. About the Vendor Information Guide The Sears Marketplace Vendor Information Guide is the primary source of information on Sears Holdings Management Corporation (“SHMC”) and its affiliates’ requirements for all Marketplace vendors that ship direct-to-customer. The information in this Guide includes the service levels that all vendors must maintain. Vendor service levels will be monitored and measured by SHMC. If a vendor falls below expectations set herein, the vendor may incur charges to help offset lost sales and additional operating expenses resulting from unsatisfactory service. Please be sure to review the Vendor Information Guide through your Seller Portal to ensure that you are reviewing the most recent version. The Sears Marketplace Vendor Information Guide contains confidential information and is, and shall remain, the property of Sears Holdings. This Guide may be modified as needed at the sole discretion of Sears Holdings. By accepting this Guide, you agree that you will not distribute any information contained in this Guide to any third-party without Sears Holdings prior written permission. 1.1 Sears Marketplace Overview Sears Marketplace is an innovative e-commerce community that allows you (“Seller”) to advertise or sell your products (“Merchandise”) on websites (“Sears Website”) that are managed and operated by Sears Holdings Management Corporation, on behalf of itself and its affiliates, (collectively “Sears”) to consumers visiting the Sears Websites (“Customers”). Sears Marketplace will open your business to millions of Customers. With four Sears Marketplace program options (“Programs”) available for you to choose from, it is easy to find a Program that is the right fit for your business. The Programs that are currently available for you to enroll in are as follows: See a comparison chart of the programs here 1. Advertise on Sears Marketplace (“Cost Per Click” or “CPC”) – Advertise on Sears is a based on an efficient, economical business model. With CPC, you're only charged a fee when a customer clicks through to your site. There are no monthly fees and customers check out from your site and you fulfill the order. To see how to obtain the rates for CPC, click here. No additional monthly fees are assessed to your account, Customers check out through your website, and you fulfill the Customer’s order. 2. Sell on Sears (also called Fulfilled by Merchant (“FBM”)) – The FBM Program provides Seller with the opportunity to post Product Listings and sell Merchandise to Customers through the Sears Website. All Customer order requests for your Merchandise are processed by Sears through the Sears Website and a system generated document outlining the details of the Customer order request (“Purchase Order”) is sent to you to fulfill and deliver the Merchandise sold to a Customer. This program allows your items to show up as products on sears.com and be purchased through our secure checkout process - including our fraud protection services. Once a customer buys one of your items, we’ll alert you and you will complete the order through your distribution methods. © 2015 Sears Brands, LLC 4
Sears Marketplace Vendor Information Guide After the transaction is complete you’ll invoice Sears and we’ll compensate you via direct deposit into a bank account. This program has a monthly fee of $39.99 and we take a commission based on the product sold. You can view the “Sell On Sears” rate card here. Monthly Fee A monthly fee of $39.99 will be assessed at the beginning of each pay period allowing you to receive unlimited orders for that month and granting you access to all our seller support resources. This also covers hosting and maintenance costs associated with your account. 3. Sell through Sears (also called Fulfilled by Sears (“FBS’)) - You ship the products you want to sell on sears.com to one of our warehouses. Once it arrives, we inventory it, store it, and fulfill any orders via our distribution system. We will pay you (minus a commission fee) via a direct deposit into a bank account. There are storage fees, and a monthly subscription fee associated with this program. Sell through Sears Marketplace (‘Fulfilled by Sears or FBS’) - The FBS Program provides Seller with the option of warehousing Merchandise at a Sears’ designated Fulfillment Hub, and for Sears to process and fulfill a Customer’s order requests for Merchandise sold through the Sears Website and handle Customer fulfillment issues in connection with the sale of Merchandise. You ship the products you want to sell on sears.com to one of our warehouses. Once it arrives, we inventory it, store it, and fulfill any orders via our distribution system. We will pay you (minus a commission fee) via a direct deposit into a bank account. There is a monthly fee of $39.99 and storage fees start at $0.45/cu. ft. View the commission and storage rate cards below for more information. Monthly Fee A monthly fee of $39.99 will be assessed at the beginning of each pay period allowing you to receive unlimited orders for that month and granting you access to all our seller support resources as well as the hosting and maintenance costs associated with your account. Pick and Pack Fee Every time an order ships, a Pick & Pack fee applies based on the quantity of each specific item in an order. This is subtracted along with the commission to give you your Total Net Order Value. Storage Fee (FBS/Multi-channel only) This is calculated weekly based on the total cubic volume used by your inventory. At the end of your billing period, the average space of the past 4 weeks will be calculated and multiplied by a peak factor, resulting in that period’s storage fee. This amount will be charged to your credit card on file. Peak Factor © 2015 Sears Brands, LLC 5
Sears Marketplace Vendor Information Guide Sears may assign a peak factor to every month of the year. For example, '1' (the lowest peak factor that can be assigned) means off-peak season, while a higher value means peak season. At the end of the monthly billing period, the monthly storage fee is multiplied by the billing month's peak factor, giving you that period's storage fee. Slow Mover Fee At the end of the monthly billing period, if you have items that haven't been ordered in more than 6 months, they will be flagged as "slow movers". These items may then be assessed a slow mover fee that is based on the quantity and duration of inactivity of the item. This fee will be charged to your credit card on file. You will be notified prior to any fees being applied. 1.2 Sears Marketplace Contacts/Acronyms The contact information for Sears Holdings with regards to the Marketplace program are below: Account Payable: APhelp@searshc.com Electronic Funds Transfer: A/PEFTProcess@searshc.com Customer Care Network: MarketPlaceescalations@searshomeservices.com General Seller Inquiries: view http://searsmarketplace.force.com/contactus Fraud Prevention: searshc_verification@searshc.com Please see below for a list of commonly used acronyms throughout this Vendor Information Guide (VIG) and the Sears Marketplace program: Acronym/Term Definition ASN Advanced Ship Notice - common term used in reference to the EDI 856 Ship Notice/Manifest transaction. Dart Warehouse Facility used for stocking merchandise for Sell through Sears accounts. EFT Electronic Funds Transfer - transfer of funds from a payer’s bank to a payee’s bank via electronic communication LTL Less-than-Truckload - shipment less than a full truckload quantity or full visible capacity PID Product ID - U.P.C. catalog product ID assigned for Sears.com products PO Purchase Order - transaction delivered to the vendor containing information about the item(s) purchased and the customer RGI Return Goods Invoice - debit advice used for merchandise returns to vendor RMA/RA Returned Merchandise Authorization/Return Authorization - number assigned to a product return transaction. Used as the document reference number in the Credit/Debit Advice transaction (EDI 812). SHC Sears Holdings Corporation - a publicly traded corporation (Nasdaq: SHLD) SHMC Sears Holdings Management Corporation - manages the general and administrative duties of Sears Holdings Corporation © 2015 Sears Brands, LLC 6
Sears Marketplace Vendor Information Guide SOPT Source Order Processing Time - number of days a vendor requires to process a purchase order from order receipt to ship date U.P.C. Universal Product Code - bar code structure used for product identification UPS United Parcel Service - private company specializing in the movement of small packages USPS United States Postal Service VIG Sears Marketplace Vendor Information Guide - primary source of information on Sears Holdings Management Corporation (“SHMC”) and its affiliates’ requirements for all Marketplace vendors that ship direct-to-customer. 2. Seller Requirements Seller must have a computer and access to the internet in order to participate in any Sears Marketplace Program. All Sears Marketplace Program enrollees will use the Seller Portal functionality to allow sellers to accomplish registration, item set up, inventory management, and order management (except for AOS sellers). The connection through the Seller Portal will facilitate receipt of purchase orders, communication of shipment confirmation, invoicing, return and/or cancellation of line items, and maintenance of inventory records. Seller Portal offers the following connection options: Web browser interface Integrated via XML feeds Hybrid (mix of integrated and web browser transactions) Vendors must be capable of receiving and/or transmitting the following transactions. Users of the Seller Portal web browser application will complete these transactions directly through the web application. Vendors establishing an integrated connection to the Seller Portal via XML may opt to fulfill some of the following required transactions through the use of the Seller Portal web portal. Purchase Order Shipment Notification Cancellation Invoice Return Notification Inventory File In an effort to make new products quickly available for sale, Sears Holdings strongly encourages all new vendors who elect to establish an integrated connection to start out by utilizing the Seller Portal web © 2015 Sears Brands, LLC 7
Sears Marketplace Vendor Information Guide browser solution. This will facilitate a quicker item set-up process and enable the vendor to begin receiving orders while continuing to work on the integrated connection. The seller must provide committed customer service contacts that will provide real-time support for inquiries from SHMC and customers on purchase order, product, and inventory related questions. 2.1 Sears Marketplace Registration Requirements For enrollment in Sears Marketplace, Seller is required to setup up an account in the Seller Portal in order for Seller to be eligible to sell Merchandise on Sears Marketplace. The Seller Portal is the system that allows Seller to monitor, control and initiate the posting of Product Listings, management of Merchandise inventory and facilitate the promotion and sale of Merchandise to Customers through the Sears Website. Seller must authenticate creation of Seller’s account and use the Seller Portal to: 1. Enter Seller’s business information; 2. Enter Seller’s billing information; 3. Enter Seller’s logistics information including shipping location, and return information; and 4. Enter Seller’s business’ customer service information. Seller must accept the Sears Marketplace Agreement and enroll into a Program. Seller representative that accepts the terms of the Sears Marketplace Agreement and enrolls Seller into a Program during the registration process shall be considered by the Seller Portal administrator as the account owner for Seller’s Sears Marketplace account (“Program Manager”). Program Manager is responsible for providing Sears with the following information: (i) company information; (ii) Seller’s bank account information; (iii) Seller’s credit card account information; (iv) Seller’s, store setup information; and (v) any other information that Sears reasonably requires from Seller. Unless otherwise identified by Seller and approved by the Seller Portal administrator, the Program Manager is the only Seller employee who has access to and the ability to edit Seller’s Sears Marketplace account settings. Once the Sears Marketplace account is setup, Seller will have full access to the Sears Marketplace system features that include but are not limited to the following functionalities: 1. Uploading their catalog; 2. Managing your daily budget - (CPC); 3. Managing their inventory - (FBM or FBS); 4. Generating reports; and 5. Setting up automatic payments. The Program Manager may also add and identify to Sears secondary account users. © 2015 Sears Brands, LLC 8
Sears Marketplace Vendor Information Guide If you have any questions or need assistance, contact us at seller_support@searshc.com. 2.2 Sears Marketplace Merchandise Item Setup Seller may use the Seller Portal to upload product images and associated content for those products (“Product Listings”) that Seller desires to sell to Customers on the Sears Website. 2.2.1 Cost Per Click Before your products will appear on the site, you'll need to download the Sears Tag Library and then complete and upload a template containing information about your catalog. Login to Seller Portal > Products > Product Mgmt > Bulk Once the template is complete, you can upload it in the Products section of your account. After successful upload, your products will appear on the Sears Website. You’ll be notified via email when your catalog has been processed and if it contains any errors. If so, you’ll need to correct the errors found in the upload spreadsheet and re-upload the template again. On the Inventory page, you can update the quantity of your items. Download the template from that page, complete the required fields and upload it. Your inventory should update within 24 to 48 hours of the upload. If you need to add, delete or edit an item, you can do so on the sub-category specific templates for Upload Catalog. 2.2.2 Fulfilled by Merchant While uploading Product Listings onto the Sears Website through the Seller Portal, the following options are available to Seller: 1. Creating individual Product Listings through a user interface functionality Login to Seller Portal > Products > Product Mgmt>Create 2. Managing bulk Product Listings through spreadsheets Login to Seller Portal > Products > Product Mgmt > Bulk Before your products will appear on the site, you'll need to download the Sears Tag Library and then complete and upload a template containing information about your catalog. Once the template is complete, you can upload it on the same page. After successful upload, your products will appear on the website. You’ll be notified via email when your catalog has been processed and if it contains any errors. If so, you’ll need to correct the errors found in the upload spreadsheet and re- upload the template again. © 2015 Sears Brands, LLC 9
Sears Marketplace Vendor Information Guide 3. Managing bulk Product Listings through an application programming interface (“API”) – Software interfaces that can enable interaction between Seller’s website and the Sears Website. Merchandise shall not be eligible for purchases through a specific store on the Sears Website until the Seller Portal administrator has approved Seller’s store location. All Product Listings must conform to any Seller Specifications contained in this Sears Marketplace Vendor Information Guide (“VIG or that Sears posts and makes available to Seller on the Seller Portal. 2.2.2.1 Taxonomy Changes Sears reserves the right to update seller/merchant item listings details when (a) changes to taxonomy occur (item class, attribute, or attribute value changes) and Sears is able to determine that updating item data will not alter the fundamental nature of the item; and (b) if Sears determines the item has been incorrectly classified. 2.2.3 Fulfilled by Sears Before your products will appear on the site, you'll need to do two things: upload your catalog into the system and send your inventory to our warehouse. 1. Uploading your catalog First, go to the Upload Items page under Products. Once you’re there, download sub-category specific templates for your items, complete the required fields, and upload them to your account. Login to Seller Portal > Products >Product Mgmt > Bulk Once your items are published, they will appear in your Inventory Dashboard. 2. Creating an Order From your Inventory Dashboard (Login to Seller Portal > Inventory) you can search your inventory by Vertical, Category, or Sub-category. Once you’ve selected the items to add to an order, click Create New Shipment. You can also add items to an existing shipment that you have not yet sent to our warehouse. When creating a new shipment, you’ll need to enter the shipment details and item quantities, print a bill of lading, pack it with your shipment, and send it to our warehouse. Once it is received and processed at the warehouse, your inventory will appear on the site and will be available for purchase. 2.2.3.1 Taxonomy Changes Sears reserves the right to update seller/merchant item listings details when changes to taxonomy occur (item class, attribute, or attribute value changes) and Sears is able to determine that updating item data will not alter the fundamental nature of the item. 2.2.4 Prohibited Merchandise © 2015 Sears Brands, LLC 10
Sears Marketplace Vendor Information Guide The following items are not eligible for sales in the Sell through Sears program: Liquids (alcohol, motor oil, shampoo) Aerosols HazMat; (Automotive Batteries, etc.) Weapons/Firearms/Ammunition Tobacco Products Pesticides Foodstuff’s/Consumables/Perishable goods Live plants or animals Used items (clothing, etc.) Drugs *Please check the list of Prohibited Merchandise items in the Terms of Use located on the Seller Portal or within your Sears Marketplace Agreement for any additional Merchandise items and categories not listed above. Category Details Limitations/ Both the Seller Portal and the Marketplace Program Agreement include a list of Rules prohibited merchandise which cannot be sold on the website, as follows: “The listings must not… display nudity, models wearing see-through clothing, sexually explicit content; contain any obscenities, or content that advocates racial, religious or social intolerance, or hatred.” The prohibited merchandise list (which is part of the Terms of Use of all Marketplace programs) bans: - pornography in any form of media; - sexual aids or toys, or other adult novelty products. Sanctions The marketplace terms of use state that we may revise them from time to time, and Sellers must adhere to the current terms as posted; Section II (A) of the agreement (“Seller Responsibilities”) states that we could take down or censor any product listings which are in violation of the restrictions; Additionally, the terms of use give us the right to take down any listing for any reason: ”Seller agrees to conduct the sales of Merchandise in its product listings in accordance with this Agreement, and acknowledges that Seller’s failure to fulfill these obligations may subject Seller to penalties and legal © 2015 Sears Brands, LLC 11
Sears Marketplace Vendor Information Guide liability. Sears retains the right to take down, or censor any product listings that in its sole discretion violate any restrictions, or any of Seller’s obligations defined herein, at any time, without prior notice to Seller 2.3. Order Management 2.3.1 Cost Per Click This section does not apply to CPC 2.3.2 Fulfilled by Merchant . The FBM Program requires that the Customer order request fulfillment process be performed by the Seller. In order to effectively manage the Customer order request fulfillment process, it is important for Seller to constantly monitor the orders in the Seller Portal and fulfill such orders in accordance with the service level standards (“SLAs”) set forth in this VIG or as may be posted on the Seller Portal. The Seller Portal has an order management dashboard (“Orders Dashboard”) available to Seller. The Orders Dashboard is the method that Seller can support orders that are shipped from the Seller to a Customer. Sellers are expected to process orders for shipping Monday through Friday (excluding national holidays). If a seller is not able to ship on a given day, appropriate actions should be taken to remove the items from the site so as to prevent orders from coming in at those times. Seller is required to login into the Seller Portal and click on the tab labeled “Orders” to access all open orders. The Program Manager will have the ability to register only one warehouse location for return Merchandise items through Seller’s Sears Marketplace account. The Orders Dashboard provides Seller with an overview of all Merchandise purchases made by Customers through the Sears Websites, including but not limited to alerts and organizational options. Newer order requests will appear first on the Orders Dashboard. Seller may view each order’s details by clicking on the Purchase Order number issued to Seller by Sears through the Seller Portal. Sears reserves the right to re-use Purchase Order numbers over the course of time. A seller that requires a unique number will need to use a combination of the date and purchase number. Purchase numbers are not duplicated within the same day. The Orders Dashboard gives you an overview of your sales including alerts and organizational options. All orders that still require action on your part will be displayed as Active Orders. Shortly after an order has been invoiced, it will move to Older Orders. By clicking on an order’s P.O. number, you’ll be taken to that order’s detail page. This is one of the most important tools you have at your disposal. © 2015 Sears Brands, LLC 12
Sears Marketplace Vendor Information Guide From the order details page, you'll conduct every action in regards to a particular order. First, simply select the line items in the left column to interact with the order (if there are multiple items) and enter the quantity that is shipping. If there are multiple quantities orders and all are shipping make sure they are reflected under ‘Qty. In Package”. After that, select the quantity of the item(s) you'll be interacting with and then choose an action from the right column. Enter the ship date. It will default to the current date, but if it shipped a previous day, you can click the calendar next to the date field to change the date. Select the carrier you used from the ‘Shipping Carrier’ drop-down. Sellers need to enter the valid Tracking number in the tracking number field and choose the correct shipping carrier to ‘Generate ASN’. Then, seller is required to print the pack slip, place the pack slip on the package and ship through the common carrier for delivery to the Customer. Seller may reject or cancel any Customer orders received through the Seller Portal. Sears Marketplace also does not support backorders, therefore any order that cannot be fulfilled by the expected ship date should be cancelled. After an order is overdue by 30 days (meaning 30 days have passed since the Expected Ship Date), it will be auto-cancelled. In this case the customer will be refunded in full and the seller will not be paid for the order. Order notifications will be communicated to Seller through email or the Seller Portal. Seller is required to notify Sears through the Seller Portal of all Customer returns for Merchandise, so that Sears can refund the monies paid on the returned Merchandise to the Customer. Orders that are more than 30 days old will be moved to Older Orders (Login to Seller Portal > Orders > Older orders) 2.3.3 Fulfilled by Sears The Orders Dashboard gives you an overview of your sales including alerts and organizational options. Newer order will appear first. You can view each order's details by clicking on the P.O number. There is no action required on your part to complete the order. Customer Orders that have been already fulfilled by Seller and are more than 30 days old will be moved to Older Orders. 3. Operational Requirements Fulfillment Once Seller receives an order Seller will need to: Orders being Shipped - (FBM) o Select which Merchandise items in the order will go in a particular package o Print and insert a packing slip for that package (repeat as necessary for multiple packages) o Ensure correct label is on the correct package Ship the package and enter the shipping information - (requirement for FBM Program participants) Additionally, Seller needs to generate an invoice if the auto-invoicing feature is not turned on © 2015 Sears Brands, LLC 13
Sears Marketplace Vendor Information Guide 3.1 Shipping and Packaging Requirements 3.1.1 Fulfilled by Merchant You have the option of entering you own shipping rates or using the ones provided by Sears. If you use your own, just set a weight range and enter your shipping rates for each method in each weight range. You can't leave any rate fields blank. Custom rates need to be processed in our system, so they might not take effect instantly upon submission. Mailable Merchandise items have a weight cap of 150 lbs. and you can set your own limit for non- mailable items. You also have the option to set the max length of a mailable item. Any Merchandise over your max length will be considered non-mailable and use that rate table. You can customize the following shipping rates: Mailable - Ground, Expedited, Premium Non-Maliable - Ground and Premium Alaska/Hawaii Surcharge - Expedited and Premium NOTE: While Sears uses the terms Ground, Expedited, and Premium, your carrier might have different names for these shipping methods. Please use your best judgment to align your shipping methods into these three categories. If the total order weight exceeds the maximum mailable shipping weight you enter, the maximum shipping rate will be applied and the remaining difference will be charged $0.36/lb The same applies to non-mailable orders, except the charge for the remaining difference is $0.33/lb. Example: You are shipping a mailable order via Ground that weighs 250 lbs. Using Sears’ shipping rates, the shipping is calculated as follows: (150 lbs @ $64.95) + (100 lbs at $0.36/lb) = $64.95 + $36.00 = $100.95 total shipping cost 3.2. Pack Slip The packing slip is a document that describes the contents of a package that is shipped by Seller to a Customer (“Packaging Slip”). A Customer is required to provide the Packaging Slip when returning Merchandise to Seller’s store in accordance with the Seller Return Policy. Packaging Slips are issued to the Seller through the Seller Portal; and Seller is required to insert a Packaging Slip on all packages made available for shipping by a common carrier. Seller may generate two Packaging Slips so that Seller may use one of the Packaging Slips to obtain signature from a Customer or the Consolidator as Seller’s proof of that Merchandise has been delivered. The packing slip MUST contain the following information if the Seller Portal generated one is not used: © 2015 Sears Brands, LLC 14
Sears Marketplace Vendor Information Guide Business Name Date of PO Carrier and Tracking Information Shipping Address Item Details on the PO with quantity Contact for customer inquiries (both email and phone) Seller Return Policy Instructions on returns, including clear returns address See Appendix A below for a sample Packaging Slip. Invoicing If Seller is setup for manual invoicing, Seller will have the ability to issue an invoice for shipped orders (all line items must be shipped, partially shipped or cancelled). If Seller is configured for auto-invoicing, invoice will be generated by system after ASN is generated. 3.5 Returns & Cancellation Fulfilled by Merchant Program – Returns & Cancellations Customer returns on Merchandise purchased through the Sears Website will be sent to the address that Seller provided during the Sears Marketplace account setup process in accordance with the Seller Return Policy provided by Seller to the Customer in the packaging. Once Seller processes a returned Merchandise item and Sears refunds the monies paid by the Customer for the Merchandise. Seller must accept returns and process refunds in the following situations, and must refund full amounts (including shipping). Item is damaged upon arrival to the customer Item is defective Incorrect item was shipped Returns for the above reasons will be full refunds (no partial refunds, not restocking fees, etc.. Return shipping may not be charged to the customer and is the responsibility of the seller. Fulfilled By Sears Program – Returns & Cancellations © 2015 Sears Brands, LLC 15
Sears Marketplace Vendor Information Guide Customer returns on Merchandise will be sent to the Fulfillment Hub where the Merchandise was originally shipped and delivered to the Customer. 3.6. Inventory Updates 3.6.1 Cost Per Click This section is not applicable for CPC. 3.6.2 Fulfilled by Merchant On the Inventory page (Login to Seller Portal > Inventory> Upload Bulk Inventory) you can update the quantity of your items. Download the template from that page, complete the required fields and upload it. Your inventory will update within 36 to 48 hours of the upload. If you need to add, delete or edit an item, you can do so on the sub-category specific templates for Upload Catalog. 3.6.3 Fulfilled by Sears On the Inventory page (Login to Seller Portal > Inventory), you can update the quantity of your items by creating a new shipment or duplicating an older one. Just update any shipping information or item quantities and ship it to our warehouse. Once your inventory page notification is received and processed by Sears, your updated inventory will appear on the Sears Website. Note: Each shipment must have a unique name. If you don’t provide one, a unique name will be generated by the system. 3.7 Customer Service Seller is responsible for providing a customer service phone number and email address for use by the Customer. Sears will provide this information to Customer if contacted. Questions / complaints received by Sears from a Customer regarding an order or product related to a specific Seller will be directed to the Seller for resolution. Customer issues escalated to Sears where resolution by the Seller was inadequate or unsatisfactory to Customer will be resolved by Sears. Any charges associated with the resolution by Sears will be charged back to Seller (merchandise cost, shipping). 4.2 Food Safety Requirements o If the Sears Director of Food Safety determines a Seller, transportation Company and/or a consolidator is not in compliance with Food/Pest Control Laws and/or operating in a manner that present a danger to our Customers, he has the right to immediately suspend the relationship with Seller. Director of Food Safety will take partners in merchandising, operations and legal it this type of action becomes necessary. © 2015 Sears Brands, LLC 16
Sears Marketplace Vendor Information Guide o Temperatures Perishable-chill products, the container for the product must be able to maintain a temperature of 40° or lower at all times during the entire process from Seller to final Customer. Some produce items such as potatoes, onions, bananas and most hard fruit can be delivered at room temperature Leafy produce, especially pre-cut must be maintained at 40° or lower at all times. Soft fruit i.e. grapes etc. must also be at 40° at all times Frozen foods of all, varieties must be kept in a container which will be able to maintain the product at 0° or colder. When placed into the container, food must be at 0° or colder. Frozen foods at time of delivery must be frozen solid. Ice Cream must be at 0° or colder at time of delivery It is recommendation of the Sears Food Safety Department that Seller places Temperature Labels on all frozen and refrigerated products before placing the items in a container for shipping. o Cross Contamination Ready to eat foods of all varieties may not come into direct contact with any raw meats or other potentially hazardous foods. There may not be direct contact or the possibility of contact by dripping purge or other fluids from the meat product Seafood may not be allowed to contact directly or via drip of purge or other fluids, any Ready-To-Eat food or any other foods such as meats, eggs milk containers etc... Poultry is always considered to be contaminated with bacteria which can cause serious illness or death. It must be separated from all other foods in such a manner as to preclude the possibility of direct contact or contact to other foods by purge or other leaking fluids from the poultry package. Veal and Beef must be kept separate from all RTE foods and from any other meats. Pork must be handled the same way All meat/seafood items must be packaged in a moisture resistant wrap such as plastic wrap etc., and must then be placed into an intact plastic bag for further separation. If raw meats-seafoods are placed into the same insulated container, the poultry items must be on the bottom. Next layer is seafood, then pork, beef and veal must be on the top. Each item must be packaged as stated above to prevent contact or dripping Chemicals i.e. laundry detergent, bleach, pesticides etc. may NEVER be placed into the same container of any container of food, pet food, OTC meds, or with any protected products such as paper plates, plastic utensils, napkins, paper towels, feminine hygiene products etc. o Recalls Seller has an obligation to notify the buyer and the broker, of recalls of any products which are being sold by Seller. Seller may not under any circumstances place any item into a customer package which has been recalled for any reason Customers will also be directed to the appropriate website to determine if any items have been recalled. o Delivery Times Delivery to the final Customer must take place within 10 hours of the time that the product was first assembled or placed into the package by Seller. However this time line can be extended provided the product is packaged in a proper container and temperatures can be maintained during the longer time with freezer Packs or Dry Ice Packs. Required Temperatures must be maintained at all times. Refrigerated food must be destroyed within 24hrs of packaging. Under no circumstances should the food be delivered to the Customer after 24hrs of packaging. Frozen Food may be retained for 7 days in approved ASN Freezer unit provided the food remains solidly frozen and at zero degrees (F) at all times. © 2015 Sears Brands, LLC 17
Sears Marketplace Vendor Information Guide 4. Business Standards This section provides information on Sears Legal and Product Liability Insurance requirements. 4.1 Legal This section outlines the legal requirements and obligations Sellers must meet in order to conduct business with Sears. The requirements in this Guide apply in addition to the Program Terms and Conditions of any Sears Marketplace Agreement Seller agrees to when enrolling in Sears Marketplace, our Privacy Policy, and our Site Terms and Conditions, and are not intended to supersede any of these Agreements. Sears may update the requirements and obligations in this Guide from time to time. Sellers are required to review the Guide regularly in order to ensure compliance with any updated terms. 4.1.a Seller Agreements & Certifications All new sellers must complete, sign and return all applicable agreements and certifications required by Sears, or as required by law, including a Certificate of Insurance Ownership Verification Form, and an Electronic Funds Transfer (“EFT”) Application. The terms and conditions of the various Sears Marketplace agreements require that all products sold by Seller to Customers through Sears Marketplace be produced, packaged, tagged, labeled, packed, shipped and invoiced in compliance with all applicable requirements of federal, state and local laws, acts, regulations, ordinances and administrative orders and rules of the United States, and its territories and all countries, to the extent applicable, where the products sold by Seller are produced. These include but are not limited to: Fair Labor Standards Act Consumer Product Safety Improvement Act (“CPSIA”) Requires all Children’s products must comply with CPSC tracking label requirements, as well as requirements related to Phthalate and Lead Restrictions and Other Restricted Substances. Textile Fiber Products Identification Act Wool Products Labeling Act Fur Products Labeling Act Flammable Fabrics Act FTC Care Labeling Rule Federal Food, Drug and Cosmetic Act Federal Hazardous Substances Act Federal Insecticide, Fungicide and Rodenticide Act Hazardous Materials Shipping Regulations OSHA Hazard Communications Regulation Magnuson-Moss Warranty Act Requires submission of the on-line Product Warranty Information Form (see “Magnuson- Moss Warranty Act” included in this section). Kimberley Process Certification Scheme © 2015 Sears Brands, LLC 18
Sears Marketplace Vendor Information Guide Requires inclusion of a code in each EDI 810 Invoice that affirms compliance (see “Kimberley Process Certification Scheme” included in this section). California Air Resource Board Standards for Composite Wood Products Any FTC Rules or Guidelines, currently available at http://business.ftc.gov/, that apply to Merchandise categories sold through the Sears Marketplace. Seller is responsible for complying with FTC Rules or Guidelines, and must update their practices to ensure compliance as any changes are made to existing Rules or Guidelines, or new Rules or Guidelines introduced by the FTC. Certifications survive the cancellation or termination of the terms and conditions of any Sears Marketplace agreements that Seller has entered into. This section is intended to be in addition to, and not supersede or replace, any terms and conditions of any Sears Marketplace agreement, specifications or other documentation posted and made available to Seller in the Seller Portal. Restricted Items. Knives. States, municipalities, and other jurisdictions have different laws related to the sales of knives or bladed items. Seller is responsible for ensuring all sales comply with applicable law. Electronic Funds Transfer (“EFT”) Application All sellers must complete, sign and return all pages of the Electronic Funds Transfer (“EFT”) Application. The Electronic Funds Transfer Application form is located in the Seller Portal New sellers must test and be certified on the EDI 820 Payment Order/Remittance Advice. When 820 testing has been successfully completed, a “Penny Test” will be performed in which $.01 (one penny) will be transmitted via EDI 820 to the Seller’s receiving VAN or bank. To confirm receipt of the EDI 820 Penny Test, a “Financial EDI/EFT Confirmation Form” will be sent to Seller from the Sears Accounts Payable. Seller must print, complete, sign and return the form as directed on the form. If the Financial EDI/EFT Confirmation Form is not completed and returned, Seller will receive paper checks until it is returned. If you have any questions about these documents or the Electronic Trade Payments program, please contact Accounts Payable via email to A/PEFT@searshc.com. Fair Labor Standards Act Seller must comply with this Act. Whenever any product is sold by Seller to Customer through the Sears Website that is subject to the Fair Labor Standards Act (the “Act”), Seller must be in strict compliance with the Act. Sears PVC Policy Some studies suggest that the manufacture, use and disposal of Polyvinyl Chloride (“PVC”) is directly or indirectly linked to both environmental and health concerns. Sears is working to reduce and phase out PVC in its packaging and merchandise. In December 2007, Sears adopted a policy calling for the reduction and elimination of polyvinyl chloride (“PVC”) in products that are offered for sale and the packaging for those products to Customers through Sears stores and the Sears Website. As such, Sears will: © 2015 Sears Brands, LLC 19
Sears Marketplace Vendor Information Guide Encourage sellers to reduce or eliminate their use of PVC in merchandise and packaging; Encourage sellers to utilize the Society of the Plastics Industry labeling system on packaging; Encourage sellers to label their merchandise as PVC-free when true. As you work towards the goal of reducing and eliminating PVC in products and packaging, please keep Sears updated on your progress via email to sustainability@searshc.com. It is important that we are notified of any reduction or elimination of PVC. Similarly, we require that you notify us if you begin using PVC in packaging or products that do not contain PVC today. If you should have any questions or concerns regarding the policy or our sustainability efforts, please contact us via the email address listed above. Magnuson-Moss Warranty Act Federal law, administered by the Federal Trade Commission (FTC) requires that all sellers make written product warranties, where they exist, available for Customers to review prior to sale. Failure to comply with the requirements of the Magnuson-Moss Warranty Act and other FTC Warranty Rules could result in substantial penalties. These requirements apply to all manufacturers’ written warranties on products sold for $15.00 or more. Kimberley Process Certification Scheme All Sellers that sell diamonds through the Sears Website must comply with the following requirement, in addition to any FTC Guidelines related to jewelry as discussed in Section 5.1.a: Seller shall include a code in each EDI 810 Invoice to affirm compliance to the Kimberley Process Certification Scheme (“KPCS”) which provides the following warranty: “The diamonds herein have been purchased from legitimate sources not involved in funding conflict and in compliance with United Nations resolutions. The seller hereby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds.” 4.1.b Safety, Health & Quality Product Recalls Sears treats all safety, health and quality related product recalls very seriously. For this reason, you must adhere to the following requirements so that Sears may properly execute the recall. In the event that Sears must participate in a safety, health or quality related product recall, immediately notify Sears’ Food Safety Department or Product Safety Office, based on product category as listed below: Food Safety Department - all over-the-counter drugs and all food items, including pet food. Product Safety Office - all other product categories including hazardous materials. Email or fax (email preferred) a completed Product Recall Form and a copy of the actual recall notice to Sears’ Food Safety Department or Product Safety Office (based on product category). Sears Contact Email Fax Food Safety Department foodsafety@searshc.com 847-286-9370 Product Safety Office productsafety@searshc.com 847-286-0266 All product recall communication must go to the contacts listed above to ensure the efficient execution and adherence to the product recall procedures. © 2015 Sears Brands, LLC 20
Sears Marketplace Vendor Information Guide Note: Recalls of Hazardous Materials will be returned to Seller direct from the stores and/or DC’s in accordance with DOT and/or FAA regulations. All recalls (hazardous and non-hazardous materials) from stores and DC’s in Alaska, Guam, Hawaii, Puerto Rico, and the Virgin Islands will be returned direct from these locations in accordance with DOT and FAA regulations. Product Recall Initiative for Quality Stop Sales and Recalls, Safety Stop Sales and Recalls, and Intellectual Property Infringement Claims Sears’ Product Recall Initiative is the program by which Sears will recoup those costs incurred by Sears in connection with quality stop sales and recalls, safety stop sales and recalls, whether initiated by a governmental agency or the seller, and intellectual property infringement claims. (For purposes of this section of the Guide, quality stop sales and recalls, safety stop sales and recalls, and intellectual property infringement claims will collectively be referred to as the “recall” or “recalls”.) The recalls covered by these provisions include all Merchandise sold through the Sears Websites. Sellers will be responsible for all recall costs, including all costs incurred by Sears associated with the recall. 4.1.e Confidentiality Proprietary information, including Sears’ customer lists and other customer data is the sole property of Sears. The terms and conditions of all agreements between Seller and Sears, including all guidelines and procedures established by Sears related to Marketplace sales shall also be considered confidential. Seller may not disclose any proprietary information, except information related to Seller performance, to any other third-party. At Sears’ request Seller must return all materials containing Sears’ proprietary information in its possession. This section is intended to be in addition to, and not supersede or replace, any terms and conditions of any Sears Marketplace agreement Seller has entered into with Sears, or any related documentation or specification posted by Sears in the Seller Portal. 4.1.f Banned/Restricted Countries & Parties Seller is prohibited from offering for sale to Customers on the Sears Websites any products made in any of the countries from which the U.S. government prohibits imports. In addition, the U.S. government prohibits transactions with any person or entity appearing on the List of Blocked Persons, Specially Designated Nationals (“SDN”), or included in a Presidential Order. The U.S. government list of restricted countries and parties may change from time to time. The countries and parties from which the U.S. prohibits/restricts imports are identified on the Office of Foreign Assets Control website, currently located at http://www.treas.gov/ofac. Sellers are solely responsible for maintaining updated information. 4.1.g Environmental Compliance Environmental Compliance Sellers must comply with all local laws protecting the environment. In addition, Sears encourages its sellers to conduct business so as to minimize the impact on the environment, including reducing waste and maximizing recycling initiatives. © 2015 Sears Brands, LLC 21
Sears Marketplace Vendor Information Guide 4.2 Insurance Every Seller selling Merchandise to Customers through the Sears Website is required to maintain and provide proof of Product Liability insurance (generally part of a Commercial General Liability insurance policy) at Sears’ request. If you provide re-labeled or re-packaged goods, you must provide evidence of your own insurance coverage. Proof of Insurance Seller must provide evidence of insurance coverage to Sears at the time of Seller’s execution of any Sears Marketplace agreement, and each year prior to the expiration of your policy. Proof of insurance must include: A Broad Form Vendor’s Endorsement naming “Sears Holdings Management Corporation and its subsidiaries and affiliates” as additional insureds. Use the additional insured vendor endorsement ISO Form CG 20 15 11 88 or its equivalent. The following policy language: “This coverage shall be primary to, and non-contributory with, any and all valid and collectible insurance or program of self-insurance of Sears Holdings Management Corporation or its subsidiaries or affiliates”. The Certificate Holder must state: Sears Holdings Management Corporation 3333 Beverly Road Hoffman Estates, IL 60179 Seller must use an insurance company that has a rating of at least A-VII as published in the current edition of A.M. Best’s Insurance Reports. If Seller’s policy contains any coverage exclusions that limit product liability coverage, a copy of the coverage exclusions must be attached to Seller’s proof of insurance. Seller’s policy must provide that coverage will not be terminated without at least thirty (30) days prior written notice to Sears. Seller must specify the products that it sells on the Sears Website on the proof of insurance Seller submits. Insurance Coverage Required for Sellers providing Home Delivery and Installation Services. Seller must maintain Commercial General Liability insurance coverage of at least one million dollars ($1,000,000.00) per incident. Seller must maintain Worker’s Compensation insurance coverage of at least one-hundred thousand dollars ($100,000.00) per disease, at least five-hundred thousand dollars ($500,000.00) aggregate for disease, and at least one-hundred thousand dollars ($100,000.00) per accident. If a state where delivery or installation services will be performed does not require Seller/installer carry Worker’s Compensation Insurance, Seller must provide a waiver to any applicable individuals. Seller must maintain Automobile Liability Insurance on any vehicles used in delivery and installation services of at least one-hundred thousand dollars ($100,000.00) per incident for property damage and bodily injury combined. Drug Testing and Background Check Requirements. Additionally, Seller shall ensure that any Seller Personnel or Seller Subcontractors entering customer premises to perform delivery and installation services shall have passed a five (5) panel drug test. To be in compliance with this standard, the © 2015 Sears Brands, LLC 22
Sears Marketplace Vendor Information Guide screening of an individual must have been accomplished before the individual reports for the first day of providing work. Seller shall conduct or shall certify that any of its personnel or subcontractors who enter customer’s premises for delivery and installation services have passed a criminal background check. At a minimum, the criminal background check process will consist of the following: A search conducted by a qualified background check service provider, which includes a review of criminal court records of all counties of residence based on the individual’s past seven (7) years of residential addresses. Seller may not assign Personnel with job-relevant adverse information, or information that indicates an unreasonable risk to property, safety or the welfare of individuals or the public to enter the residence or premises of a Customer. At Sears’ request, Seller shall submit reliable evidence of Seller’s compliance with these background check and drug testing requirements. Coverage Required for Specified Product Lines See appropriate guidelines in Section 5.2.a to determine the limit of liability required on a per occurrence basis, and the aggregate limit of liability for specified product lines. You may satisfy this requirement with any combination of primary and excess/umbrella liability policies. Coverage Required for All Other Products Provide product liability insurance on an occurrence basis with combined single limits for bodily injury and property damage of at least five-hundred thousand dollars ($500,000.00) per occurrence. If you are unsure if the standard five-hundred thousand dollars ($500,000.00) limit is sufficient, contact the Sears Portal administrator. Self Insurance In some cases, Sears will allow certain levels of self-insurance provided certain conditions are met. The Sears Risk Management department will review the risk potential of the product line(s), as well as your financial position and claims handling record. For approval of self-insurance, you must provide Sears: An amendment to the appropriate purchase contract that documents the terms and conditions of the self-insurance agreement. Requested background information from the Seller Portal administrator. Your current annual report or audited financial report. Your current 10K report. Insurance Certificate Administration & Tracking New sellers must submit their insurance certificates to: Sears Holdings Management Corporation Vendor Support, B4-130A 3333 Beverly Road Hoffman Estates, IL 60179 Existing sellers must submit their updated/corrected insurance certificate to: Sears Holdings Management Corporation Vendor Support, B4-132A 3333 Beverly Road Hoffman Estates, IL 60179 © 2015 Sears Brands, LLC 23
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