Living Books Marketplace LLC

Seller Agreement

Valid as of 8/17/19

Welcome to Living Books Marketplace LLC (LBM) and thank you for joining our site to list your books and other items for sale!  Before jumping in to becoming a valued seller on LBM, we must do this boring yet important stuff!

To avoid any confusion, this agreement explains what Living Books Marketplace does, what you do, and how we work together.  This agreement is between you as the Seller and Living Books Marketplace LLC (LBM).

By acknowledging your consent to this document, you, the Seller, agree to the following:

  1. You acknowledge and understand that LBM is only the facilitator of any transaction between you and a buyer and that LBM does not own your items and is not a party to the transactions between you and buyers.  You are solely responsible for the transactions between you and buyers.
  2. You agree to provide LBM with a valid and active PayPal account to facilitate payment of transactions and fees between you, LBM and the buyer.

Translation:  We need your PayPal account.
 

3. You give LBM permission to host your product listings on www.LivingBooksMarketplace.com as well as to edit your listings in order to make them more accessible in the “search” function of the website, such as adding a category to the listing.  While LBM may contact you with suggestions for changes on a product listing, any substantial changes will be left to your discretion.

Translation:  You allow us to post your listings on our website and edit if needed.

4. By listing an item, you attest that you have the right to sell the item and that all information provided in each listing is accurate and complete to the best of your knowledge.  You will be solely responsible and liable for all loss, damage and additional costs that you as the seller, LBM or a buyer may incur because of false, incorrect or incomplete information.  We rely on you to be honest and ethical in all your dealings with LBM and buyers. In the event it is determined by LBM that a seller is dealing dishonestly, the selling privileges of that seller may be revoked by LBM.  See Policies and Procedures (Addendum A) for more information.

Translation:  Be a good seller!  Only sell what you have the right to sell, list your items honestly and do unto others as you would have done unto you!


5. Regarding the use of images in product listings, you specifically acknowledge that:

You may NOT use another seller’s images for your product listings.  

You may NOT use stock photos for your product listings.

You MUST use your own photos of the exact item you are listing, and they must be an accurate representation of the item you are selling.  Show the flaws! Then there is less chance of an unhappy buyer!

You may NOT list an item without photos!  

Any listing found to be in violation of any of the above may be removed at the discretion of LBM without notification to you.

Translation:  You can only use photos you have taken of your exact item in your listings.

6. If for any reason a third party, such as a friend or family member, handles transactions for you under your registered name on LBM, you will be responsible for their actions.

Translation:  If you allow your sister (for example) to use your login for the Marketplace, you are responsible for anything she does under your login.

7. You agree to keep all buyer information including but not limited to name, address, email address, phone number, and credit card or PayPal account information strictly confidential and within the boundaries of the transaction with the buyer.  You may not add the buyer to any email list or social media group without the buyer’s express permission and selling buyer information to a third party is expressly forbidden.

Translation:  You can’t collect, use or store a buyer’s information AT ALL other than to complete the transaction.

8. LBM agrees to keep all your personal information strictly private and confidential.  LBM will not sell your information to any third party without your express permission.

Translation:  We hate spam and won’t sell your information to anyone.

9. You are not allowed to solicit business or advertise any other company, website, social media group/page/account or other entity without express permission from LBM.

Translation:  Do not include links to your website, Facebook book selling group, Instagram book selling account, etc.  Living Books Marketplace is a place to sell your items, not to advertise and sell elsewhere.

10. You are not allowed to arrange with buyers to sell any item already listed on LBM “off-book” or “under the table”, meaning you cannot delete a listing to sell it to a buyer privately in order to “skirt” the commission fees due to LBM.  If this is done, it is basically stealing from LBM and using the website as a free advertising platform for your selling activities which is not allowed.  While we would love for LBM to be a free service, the cost of hosting, running and maintaining this site prevents us from doing so.  We respectfully ask that you refrain from this practice. We have systems in place to monitor for this type of activity and if it is discovered that this is happening, selling privileges will be revoked immediately and a $50 fine for each item sold off-book will be charged to the seller’s PayPal account on file.  We hate to have this policy but have discovered that it is a problem for online Marketplaces and we must protect our interests to continue to provide this service for the homeschooling community.  

Translation:  Don’t list on the Marketplace and sell the item somewhere else.  Just be honest and above-board in all your dealings and things will be cool!


11. Related to item #10 directly above, you as the seller are certainly allowed to list items in your own Facebook group or page or Instagram account that you have listed for sale on LBM as long as you include a link to the LBM listing in the Facebook/Instagram listing, direct any buyer inquiries on Facebook or Instagram to the listing on LBM, and the transaction is completed through the LBM site.

Translation:  If your item is listed on the Marketplace, you can direct potential buyers to that listing on the Marketplace so that the item is sold through the Marketplace.

12. You are fully responsible for and agree to handle any buyer refund or cancellation claim or complaint regarding the unsatisfactory completion of a transaction.  LBM trusts you as the seller to do whatever you possibly can to reach a satisfactory resolution with the buyer. If you, as the seller, cannot bring about a satisfactory resolution, you may contact LBM to investigate but only AFTER you have exhausted all avenues of attempted resolution.  LBM’s policy and procedure of handling transaction disputes is outlined in the Policies and Procedures (Addendum A). When LBM is asked to be involved in a dispute resolution either by the buyer or seller, you as the seller agree to abide by the resolution that LBM deems most appropriate in each individual case.

Translation:  Take care of your customers and be a good seller!  Be willing to take care of any issues that come up.  We are not your boss or mama so we trust you to take care of these issues in a professional manner.

13. You acknowledge that the internet and computer programs can be temperamental, and that LBM cannot always guarantee perfect performance of the website and its components and systems.  You further acknowledge that there are issues that may affect performance that are beyond the control of LBM. Even so, LBM is committed to address all performance issues as quickly as possible once they are known.  You agree that you will not hold LBM liable for any loss of use of the site, loss of production, loss of listings, loss of income or profits or any other direct or indirect consequential loss, damage or punitive damages related to access to or use of the LBM website.  You acknowledge that you have been advised of the possibility of site downtime and glitches that may affect the performance of your selling activities and that you sell on LBM knowing and accepting these risks.

Translation:  Technology is a double-edged sword!  Sometimes it rocks and sometimes it is the bane of our existence.  LBM cannot guarantee that the site will function properly at all times but we promise to address it promptly when it acts up.

14. You acknowledge that you are responsible for keeping your computer/mobile devices protected from malware/viruses.  LBM has implemented security measures on our end and expects you to do the same since you are uploading image files to the site which can introduce malware/viruses to the LBM systems.  While malware or virus attachments can happen to anyone even with systems in place to prevent them, you acknowledge that if malware or a virus is introduced to the LBM systems and it is traced back to you, and if it is determined that you were negligent in keeping security measures up-to-date on your device(s), you will be responsible for repaying LBM for the expense of tracking down and cleaning up the mess caused.  

Translation:  Just keep your security programs updated because that shows you did your due diligence!

15. You acknowledge that the LBM website, programs, plug-ins and all information in any format including images, videos, etc. belong to LBM and are not to be copied, used, sold or dispersed in any manner without express permission from LBM.  Only information and images that you have uploaded for listing purposes belong to you.

Translation:  Nothing on the website can be used elsewhere by you except the images and descriptions you provide in your listings.

16. Given #15 above, you agree that LBM may use information and/or images from your listings and/or seller profile to promote and/or market and/or feature either on the LBM website, email, social media (including Pinterest, Instagram, Facebook and any other social media site), media outlets and other marketing avenues in order to promote and market the types of items available through LBM.  This benefits you by drawing in your target audience to shop the site.

Translation:  You agree to allow us to use any of your information and/or listings (including images and/or descriptions) for marketing purposes.

17. You agree to follow the Policies and Procedures outlined in Addendum A.

18. You agree to the Living Books Marketplace Fee Structure & Process outlined in Addendum B.

19. This agreement is for an indefinite term and may be terminated either by you or by LBM at any time such termination is provided to the other party via email.  LBM may at any time and in our discretion immediately suspend or terminate selling privileges without any notice or liability to you or any other person. Upon termination, you will pay to LBM all unpaid fees and payments incurred to the date of termination and LBM will pay to you any balance due.

Translation:  At any time, you can stop selling on the Marketplace.  On the other hand, LBM can suspend your privileges if needed.

20. This agreement is valid from the date posted above and may be amended by LBM at any time at our discretion.  Sellers will be notified of any changes made and are expected to comply with changes 48 hrs after notification.

21. By registering as a seller on LBM, you imply acknowledgement of and agreement with all items set forth in this document.

Translation:  You agree to abide by the items outlined in this document and show that agreement by registering as a seller on LBM.

Now let’s get this party started!

Living Books Marketplace LLC

Addendum A

Policies & Procedures

effective 6/11/19

To ensure a successful selling experience and high customer satisfaction, all sellers are expected to adhere to the Seller Policies & Procedures outlined below. All Living Books Marketplace sellers must comply with these Seller Policies & Procedures. Being familiar with these policies will answer most questions you have about selling on the Living Books Marketplace (LBM) website.

By selling on the Living Books Marketplace website, you agree to the following:

Listing Details

Items Sellers Can List on LBM:

It is the seller’s responsibility to ensure all listings comply with LBM’s policies. Listing violations may result in removal of listings, account suspension, or termination of selling privileges.

The Following Product Types Are Permitted for Sale on LBM:

  • Children’s Books
    • As a homeschool marketplace, we ask that only children’s books (fiction and nonfiction) that have educational value be offered for sale.  Fiction books are most welcome if they have quality content. These can include classics, vintage or out-of-print fiction, reprints and even quality modern fiction.  See section below to determine what is prohibited from being sold on LBM.

  • Audio Books are permitted for sale as long as the following requirements are met:
  • The description clearly states, “This is an audio book.”
  • The format, i.e. CD, DVD, digital format is clearly identified in the description.
  • The description of digital format audio books clearly states how the item will be delivered to the buyer.

  • CDs or DVDs that are educational in nature.

  • Homeschooling Helps Books

  • Parenting Books


  • Homeschool Curriculum
    • Curriculum must be accurately described in terms of included or missing items or pages, writing, highlighting, condition, edition and format.  Digital curriculum that has been printed out may only be sold if the following requirements are met:
      • The items are free of copyright and in the public domain.
      • If the items are not free of copyright, the seller must have received prior permission in writing from the rights-holder to reproduce the content. Proof of permission must be available and provided to LBM or potential buyers upon request.
      • The description clearly states, “This is a printed copy of digital content available at [name of source, (i.e. Wikipedia)].”

Items Not Permitted on Living Books Marketplace:

Certain items are not permitted on the LBM website. LBM reserves the right to remove any listing that we determine to be unacceptable in our sole discretion and/or to terminate a seller’s selling privileges for any reason, including for a seller who fails to remove an item upon request or who relists an item after it has been removed.

If LBM has removed item(s) from your inventory, or your selling privileges have been terminated, you have the opportunity to appeal the decision by emailing LivingBooksMarketplace@gmail.com.

Items With the Following Attributes are not permitted for sale on the LBM website:

  • Any item in breach of the terms and conditions set out by, or the rights of the original author, publisher, or rights holder.
  • Any item that has been pirated, illegally obtained, copied without the legal right to reproduce, or copied without obtaining permission from the rights holder.
  • Any item prohibited from being offered for sale by applicable local laws or legal requirements.
  • Pre Listing items that have not yet been made available to the public is not permitted.
  • E-books (or any digital or electronic written content –  i.e. PDFs, scanned content)
  • While opinions differ on this topic, we respectfully request that children’s fiction books including or similar to the following NOT be listed on LBM.  While this is a children’s book site, it is a children’s HOMESCHOOLING book site so not all children’s books meet the homeschooling type of criteria.
    • Captain Underpants and similar
    • “Commercial” books such as Barbie, Disney, Spongebob, Dora, Marvel, Superheroes, etc
    • Any children’s book that depicts gory or unnecessary violence or horror genre such that would disturb a child.
  • Digital printables are currently not permitted to be sold on LBM but will be in the future.  Notice of this change will be publicized.
  • Games or manipulatives of any sort NOT a part of a curriculum set are not permitted to be sold on LBM at this time.  Consideration of this will be made in the future and any change in this policy will be publicized.
  • Any book not in the classifications set above in the “permitted items” section.  For example, no adult books other than parenting or homeschool helps books are allowed to be listed.

Listing Quality

Items listed on the LBM website must adhere to certain listing quality standards, including but not limited to the following:

  • Images must accurately represent the product and show only the product that’s for sale.
  • Listing information must accurately represent the item being offered for sale. This includes, but is not limited to: ISBN, item information, and item descriptions.
  • All product types must be accurately assigned to listings.

Multiple Listings

We encourage sellers to use a quantity field to list multiple copies of an item. The use of a quantity field is an option available to all sellers.

If a seller has multiple copies of any item, the following guidelines must be followed:

  • Multiple items of the same title in the same edition shall only be listed as individual and separate listings when the items are shown to be materially different and are priced and described in a way to reflect those differences. 
  • Used Books: A seller shall list a maximum of two (2) of the same used title in the same edition – these two listings should reflect different pricing/condition. Multiple copies of the same title, same edition, same condition may be photographed together in the same listing, and utilize a quantity field.
  • New Books: A seller shall list a maximum of one (1) of the same new title. If multiple copies are available, sellers may list the title only once and use a quantity field.
  • Sellers shall not manipulate listings by price and/or description to display an unreasonable number of listings for a search result. Material differences and unreasonable numbers are defined at the sole discretion of LBM.

Order Fulfillment

Order Processing

To maximize customer satisfaction, LBM expects sellers to process and ship all orders within 48 hours of receipt. Rejection of orders for products listed with a pricing error is prohibited. Contacting a buyer directly to offer an item listed with a pricing error at a new price is strictly prohibited. Sellers are responsible for ensuring delivery within the timeframe quoted to the buyer and in the condition described online.

Shipment Tracking

Unless otherwise noted, when using Shippo to print mailing labels, the tracking information will be included in the email to the buyer once the transaction is marked “complete”. Use of any other shipping method will require the Seller to manually enter the tracking number into the order prior to marking the order as “complete”.

Sellers may not use or disclose customer information for any purpose other than fulfilling an order to which the information (i.e. name, email, shipping address, etc.) relates. All sellers should be familiar with the Privacy Policy and applicable Agreement.

Returns

Returns

Sellers are required to accept returns, when initiated within 30 days of the estimated delivery date, for all reasons under LBM’s Return Policy. Refund amounts are based on the return reason. If the return reason cannot be determined, the minimum required refund amount is equal to the item price. Charging a restocking fee for any return is strictly prohibited.

Definitions of Return Reasons and Corresponding Reimbursement Amounts:

‘Buyer Does Not Want Item’ Orders Placed on LBM:

  • The seller is not required to accept a return for this reason and may choose to cancel the return request if the item has already shipped.
  • If return request is accepted, the buyer is refunded the item price only. If item has already shipped, buyer is responsible for return shipping equal to the original shipping. Once the item has been received by seller, refund of original item price will be processed.

‘Item Did Not Arrive’:

  • Buyers can initiate a refund for ‘Item did not arrive’ within 30 days after an order’s estimated delivery date.
  • Sellers are responsible for the item until it is received by the buyer. Only signature delivery confirmation will protect a seller against claims of non-delivery.  If signature delivery is selected as part of shipping, then the seller is responsible for that cost.
  • The buyer is refunded the item price plus original shipping.

‘Item Was Damaged’:

  • Item was damaged in transit.
  • Pictures of the damaged item(s) are required from buyer. These will be compared to pictures from the original item listing.
  • If claim is substantiated, the buyer is refunded the item price, original shipping, plus return shipping equal to the original shipping. If seller does not wish to reclaim the damaged item, then the buyer is refunded the item price and original shipping only.

‘Item Not as Described’:

  • The buyer claims the item they received does not match the description on LBM.
  • Pictures of the Not as Described item are required from buyer.
  • If claim is substantiated, the buyer is refunded the item price, original shipping, plus return shipping equal to the original shipping. If seller does not wish to reclaim the item, then the buyer is refunded the item price and original shipping only.

‘Incorrect Item Delivered’:

  • The item sent to the buyer was not the item the buyer ordered.
  • Pictures of the Incorrect item are required from buyer.
  • The buyer is refunded the item price, original shipping, plus return shipping equal to the original shipping. If seller does not wish to reclaim the item, then the buyer is refunded the item price and original shipping only.

‘Order Accepted in Error’:

  • After processing an order, the seller finds the order cannot be fulfilled, i.e. the item’s condition is not as described on LBM, or the item was previously sold.
  • The buyer is refunded the item price plus original shipping.
  • This return reason is NOT acceptable in the following instances:
    • The item was mispriced by the seller (i.e. seller discovers that their price is way below the going market price for the item)
    • Item was sold via Facebook group/page, Instagram, private email or other social media platform.  See Seller Agreement #10.

‘Buyer Cancelled Before Shipping’:

  • The buyer requests cancellation of the order after it has been processed but prior to shipping.
  • The buyer is refunded the item price plus original shipping.

‘Partial Refund’:

  • The buyer and seller have agreed to a partial refund amount. The buyer is refunded only the amount specified.

All returns, regardless of payment method, are subject to the return policies as outlined above. Failure to process a refund for a returned item is strictly prohibited. All refunds must be issued via the same payment method originally used to pay for the order.

Sellers are also required to provide a refund in cases where an item is unclaimed, returned due to an incomplete address, returned to sender, or similar reason. Any seller found to have received returns for which no refund has been issued, and/or no resolution attempt made, is subject to suspension or termination of selling privileges.

Reporting a Missing Shipment:

When a return has been initiated by the buyer and the seller has requested the item be shipped back, it is the responsibility of the seller to report a missing shipment online to LBM if they don’t receive the item back within 28 days of initiation. The seller should contact the buyer to ask for tracking information. If the buyer does not provide this information, then notify LBM Customer Support of the missing shipment at LivingBooksMarketplace@gmail.com with “Missing Shipment” in the subject line.

Return Dispute Resolution:

All return disputes are to be handled between the seller and buyer. Returns should be processed online once a resolution is reached. LBM will rarely participate in dispute negotiations, so sellers must act in accordance with all LBM policies, guidelines, and the Seller Agreement, or risk termination of selling privileges from the LBM website.

Performance Evaluations

Performance Evaluations

LBM monitors and evaluates seller performance in order to ensure customer satisfaction. Metrics such as return rate, inquiry response rate and seller feedback are periodically evaluated.  If a problematic pattern is noticed, the Seller will be contacted by LBM to discuss the findings. LBM retains the right to suspend or terminate selling privileges in the case that such discussions do not resolve the problem.

Inquiry Response:

Sellers are required to respond to all inquiries from buyers, potential buyers, and LBM staff within two business days.

Communication with customers, fellow sellers and LBM staff must be professional at all times. Communication that is derogatory or discriminatory in any way, or that includes language that is abusive or threatening, is strictly prohibited.

Sellers may not use or disclose customer information for any purpose other than fulfilling an order to which the information (i.e. name, email, shipping address, etc.) relates. All sellers should be familiar with the Privacy Policy and applicable Agreement.

Account Details

Contact and Account Information

Sellers are required to keep their contact and account information up to date at all times. LBM reserves the right to temporarily remove listings and withhold payments to accounts with incomplete or inaccurate account information.

Contact Information:

Contact information must be accurate and current at all times. Valid contact information is necessary so both buyers and LBM can contact sellers.

Contact information is not permitted in listings.

Account Information:

If non-required contact or account information is provided, it must be kept current.

LBM offers sellers several locations to enter key information that assist with sales, including but not limited to the following:

  • Detailed Seller Information
  • Store Description & About
  • Store Policies

All information listed must be true and accurate and provided only in the fields designated for it. No fields can contain information contradictory to LBM’s Seller Agreement, the Seller Policies, or the Returns policies. Sellers should use these fields to state their business policies, information required by applicable consumer regulations, and other important information potential buyers should know. These fields are viewable via places like the item details page, the seller’s Storefront and the Shopping Basket.

Redirection:

Sellers may not redirect buyers away from LBM to an alternative sales channel. Email addresses, phone numbers, and website URLs are permitted only in the fields specifically intended for them. Sellers found to be redirecting customers as an alternative to completing a purchase via LBM are subject to suspension or termination of selling privileges. See Seller’s Agreement #10.