LOVE™ SELLER TERMS & CONDITIONS

Last updated: April 26, 2023

Welcome to LOVE™ – a socially driven marketplace for love and wellness. Consumers from around the United States ("Buyers") come to Love.com to find answers to and shop for alternative and homeopathic products (the "Products") that help unlock and refresh their mind, body, and soul. Trust, transparency, and exceptional customer service are all key ingredients for continued engagement from Buyers, which help Sellers (defined below) build a long-term, sustainable business on our Platform (defined below). Our objective is ensuring that you and your Buyers enjoy a positive, engaging, and meaningful experience on our Platform. As a Love.com Seller, it is important that you read and acknowledge the Seller Terms (defined below) that apply to the Platform.

1. Accepting these Terms.

At Love.com, we offer a marketplace for sellers ("Seller", "you", or "your") to sell Products directly to Buyers ("Seller Services"). Accordingly, we've put in place certain rules for Seller Services, officially referred to as our "Seller Terms & Conditions" (the "Seller Terms"). The Seller Terms constitute a legally binding agreement between Sellers, and individuals duly authorized to act on behalf of Sellers, and Love Shops, LLC ("Love," "we," or "us", "our") governing your access to and use of our marketplace at https://www.love.com/, including any content, functionality, and services offered on or throughhttps://www.love.com/, mobile applications, and related services, information, and communications (collectively, the "Platform"). These Seller Terms form part of our Terms of Use (the "Terms"). Capitalized terms have the meanings given to them in the Terms or these Seller Terms. If there is any conflict between these Seller Terms and the Terms, the Terms shall prevail.

PLEASE READ THE SELLER TERMS CAREFULLY BEFORE YOU START TO USE OUR PLATFORM FOR SELLER SERVICES. THESE SELLER TERMS CONTAIN THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM FOR SELLER SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND LOVE. BY REGISTERING FOR OR USING THE PLATFORM, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS AND THESE SELLER TERMS, INCLUDING ALL OTHER POLICIES, TERMS, AND CONDITIONS SET FORTH OR INCORPORATED BY REFERENCE HEREIN, THE PRIVACY POLICY, AND OUR ANTI-DISCRIMINATION POLICY.

2. Selling on our Platform

A. Enrollment. To enroll as a Seller on our Platform, you must complete the registration process for Seller Services. Use of the Platform for Seller Services is limited to users who are 18 years of age or older. Use of the Platform for the sale of certain Products may only be made available to users who are 21 years of age or older. As part of the registration process, you must provide us with your (or your business') legal name, address, phone number and email address, as well as any other information, documentation, or material we may request. Depending on your relationship to the Products you sell on the Platform (e.g., as manufacturer or reseller of Products), we may request additional information, documentation, or material evidencing such relationship. We reserve the right, at our sole discretion, to make changes to our Seller registration and onboarding process at any time. Any personal data you provide us will be subject to our Privacy Policy.

B. Maintaining Your Account. In order to maintain your Seller account, we may require you to regularly adhere to certain compliance obligations and/or update your registration information, Product details, and any other information we may request from time to time, including, but not limited to, updated Certificates of Analysis (“COA”) for your Products, any reformulation of ingredients in your Products (“Reformulation” or “Reformulate”), or company registration information (e.g., articles of association, certificates of incorporation, etc.). You must provide us with at least thirty (30) days’ notice before listing any Product that has been Reformulated, regardless of the extent and scope of Reformulation.

C. Permitted Products. Buyers come to our Platform to purchase a variety of Products that they might not find anywhere else. Everything listed for sale on our Platform must be approved by us, comply with the Terms and applicable Law, and fall under certain categories as defined by us, which are subject to change by us from time-to-time. We ask Sellers to provide information related to the Products, including a description of the Product, the Product’s label, the Seller’s qualifications to sell the Products, and other materials related.

D. Prohibited Products. In accordance with our Prohibited Products Policy, you are not permitted to sell any Product that: (a) presents legal risks to Buyers, our Platform, and our Community; (b) are harmful to users; and (c) is inconsistent with the values and spirit of our Platform. In some cases, users of our Platform, and in some cases third-parties, may flag listings as violating our Prohibited Products Policy , the intellectual property rights of third-parties, or applicable Law. Accordingly, we may be required to delist certain Products from our Platform and/or suspend or terminate your account for any violations of our Prohibited Products Policy or applicable Law. In accordance with the Prohibited Products Policy, you are not permitted to make any claims that your Products are intended to diagnose, treat, cure or prevent disease unless such claims have been evaluated by the U.S. Food and Drug Administration.

E. Managing Your Shop. Your shop on our Platform (“Shop”) represents you and your business to our community. Accordingly, we require you to manage your Shop and its operations with the highest degree of professionalism and candor. By selling on our Platform, you agree that you will:

· be a good actor on the Platform, as solely determined by Love, and make every effort to engage positively with Buyers and Love;

· present your Products in an honest manner and provide accurate information to Love with respect to your business and Products in compliance with all applicable Laws (as defined in the Terms);

· work in good faith with Love's support team to find solutions to issues that arise with Buyers from time-to-time;

· ensure that your Shop content, such as any text, photos or videos used to represent your business and Product listings abide by our Terms and policies;

· clearly communicate your customer service policies, including, but not limited to, those policies relating to shipping, fulfillment, customer happiness, returns, to the Buyer within applicable areas on the Platform;

· respect the intellectual property rights of third-parties;

· not engage in any action to avoid paying fees as set out in these Seller Terms, including, but not limited to, encouraging Buyers to purchase your listed Products through another shop or venue, initiating a transaction and completing it in a manner outside our Platform, altering the Product's price after a sale for the purpose of avoiding fees, misrepresent the Product's location, or use another user's account without permission (collectively, "Fee Avoidance"); or

· not create duplicate Shops.

Love shall provide “pre-purchase” customer service, or customer service with respect to all queries from Buyers prior to any purchase of Products on the Platform, via our Support Team at support@love.com. Your customer service policies must, at the very least and without limitation, include processes for handling all queries and Buyer interactions upon and following their purchase of Products. We will route all customer service inquiries from Buyers in connection with their purchase of and all aftermarket customer support regarding your Products.

F. Service Level Standards. As a Seller, we require you to provide exceptional customer service and maintain trust with your Buyers. In order to maintain these standards (collectively the “Service Level Standards”) for all Sellers, we require you to:

· honor shipping and processing times;

· ship Products and complete transactions with Buyers in a prompt manner;

· communicate all shipping information to Buyers and fulfill all shipment as stated in your shipping information;

· honor any return or refund requests from a Buyer in accordance with our refunds and returns guidelines set out in the Terms;

· facilitate order change requests from Buyers as long as Products are available in your Shop;

· respond to messages from Buyers or Love in a timely manner;

· maintain your Product description page with accurate and updated information at all times;

· ensure that any UGC or other content that you create or upload is: (a) an accurate representation of the Products; (b) does not violate our Anti-Discrimination Policy; and (c) does not: (i) contain hateful or derogatory language or imagery; (ii) contain threats, harassment, extortion; (iii) violate the intellectual property rights of a third-party; (iv) contain false, misleading, or deceptive language; (v) contain prohibited products or products that violate our Prohibited Products Policy; (vi) contain any private information; or (vii) violate any statutes, regulations, standards, rules, or Laws (as defined in the Terms);

· make every effort possible to procure, pack, and ship high-quality Products and thoughtfully curated experiences to all Buyers with packaging, labeling, and materials that are compliant with all applicable Laws;

· commit to working with Buyers who are unhappy with the quality of your Products and identifying a pathway to achieve a positive Buyer experience;

· commit to working with Buyers to replace, refund, or find another solution for any Product that arrives broken, defective, deficient, in excess, or otherwise unsatisfactory to Buyer;

· commit to addressing health and safety concerns of Buyer directly with Buyer and taking any and all required or appropriate action with respect to the Products as a result of that claim, including, but not limited to, reporting to the relevant government agency or standards body and undertaking any reasonably necessary recalls or Product withdrawals; and

·cancel and notify Buyer if you are unable to complete an order.

When communicating with Buyers, you may not: (i) send unsolicited advertising, promotions or spam; (ii) exchange information or engage in any conduct for the purpose of Fee Avoidance; (iii) violate our Anti-Discrimination Policy; or (iv) transmit harassing or abusive language, or engage in repeated communications with Buyers after they have asked you to cease communicating with them.

G. Reviews & Scoring. Seller acknowledges and agrees that Buyer Reviews and Love Advisory Board reviews, as further set out in and subject to the Terms, are intended for general overview and discussion purposes and are not intended to be, and should not be used as, a substitute for taking medical advice in any situation. Consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options. The reviews presented are the views of the author and may not reflect a typical or ordinary experience. You assume all risks associated with all reviews and scoring on the Platform, including, but not limited to, the impact that Buyer Reviews, Love Advisory Board reviews, Buyer Scores, Community Scores, and Love Scores may have on the sale of your Products. Information about the Community Score and the Love Score is available on the Platform. If there is a specific Buyer Review of your Product that you would like to dispute because it violates our Terms or is otherwise invalid or unrelated to your Products (“Disputed Review”), you can email us at review_dispute@love.com. In your email, please provide: (a) a screenshot or written summary of the Disputed Review; (b) the relevant Buyer username that published the Disputed Review; (c) the date the Disputed Review was posted; (d) a detailed explanation of why you believe the Disputed Review violates our Terms or is otherwise invalid or unrelated to your Products; and (e) the hyperlink or title of the product itself as is listed on the Platform. Thereafter, our team will analyze your Disputed Review submission and respond to you within 3-5 business days. We will remove a Disputed Review only if it violates our Terms or we otherwise determine that such Disputed Review is invalid or unrelated to your Products. Disputed Reviews that are negative, but comply with our Terms, will not be removed. We reserve the right to remove any Buyer Review, Love Advisory Board review, Community Score or Love Score at any time for any reason.

H. Health Claims. To protect Sellers and Love from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding health claims associated with the Products, Products cannot be displayed or mentioned within two clicks of any claim that includes diagnoses, treatment, cure, or prevention of any disease or health condition. Love will periodically review the Platform and a Seller’s website and we reserve the right to demand a Seller to make changes to its website regarding any health claim related to a Product listed on the Platform. Love reserves the right to demand a Seller make changes to its website to the extent a Seller is making statements about Products in any manner that would violate regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.

J. Disputes with Buyers. You agree to resolve any disputes directly with a Buyer, including, but not limited to, addressing Buyers’ claims and comments regarding health or safety risks of the Products. We reserve the right, in our sole discretion, to seek reimbursement from you in any of the following circumstances: (a) we provide a refund to a Buyer because you did not promptly deliver the Products or we, in our sole discretion, otherwise determine that a refund is warranted in a particular circumstance; (b) we discover erroneous or duplicate Seller transactions; (c) we receive a chargeback from a Buyer’s credit card issuer or other payment method or reversal of payment for the amount of a Buyer’s purchase from you; or (d) you do not act in accordance with the Terms, Seller Terms, or any policy or terms and conditions incorporated therein.

BECAUSE LOVE IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN BUYERS AND SELLERS, SELLER RELEASES LOVE (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. SELLER EXPRESSLY WAIVES ALL RIGHT TO BRING ANY CLAIM OR DEMAND AGAINST, OR TO SEEK REIMBURSEMENT OR CONTRIBUTION FROM, LOVE IN CONNECTION WITH SUCH DISPUTES.

K. Set-off. We may set-off or seek reimbursement against any amounts owed by you to Love by deducting from future payments owed to you, reversing any credits to your payment account balance, charging your credit card on file, charging your bill, or seeking reimbursement from you by any other lawful means, including by using third-party collections services. You authorize us to use any or all of the foregoing methods to seek reimbursement.

L. Your Seller Account. In order to keep our Platform safe and improve our Seller Services, we may take actions to limit or restrict your listings and/or use of your Seller Account, including, without limitation:

· in the event your Shop experiences usual order activity;

· if we believe your Shop is responsible for or has the potential of leading to: (i) repeated disputes with Buyers, (ii) fraud (or the increased risk thereof), the sale of Prohibited Products in violation of our Prohibited Products Policy, Third-Party Service or other third-party policies or terms of use; (iii) counterfeiting; (iv) chargebacks; (v) or other claims; or

· to improve, upgrade, or modify our Seller Services or other features on the Platform.

If we have reason to believe that you, your use of our Seller Services, your UGC, your Products, or your use of the Platform violates our Terms, including these Seller Terms, we may delist certain Products, suspend or terminate your account, deactivate your UGC, and your access to the Platform. Except for repeated violations, we will notify you in the event we decide to delist your Products or UGC, suspend or terminate your Seller account, or otherwise take any adverse action against you in connection with your use of the Platform.

3. Fees. In addition to fees otherwise set forth in these Seller Terms, we charge you as a Seller a fee on each transaction made on the Platform (“Transaction Fee”). The Transaction Fee amount will be assessed on the gross order amount, including shipping and tax (if applicable). Transaction Fees will be reflected in your payment account and will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Transaction Fee at any time. In the event of any partial or full refunds credited back to a Buyer, the Transaction Fee and other applicable fees may be recalculated based on the adjusted sale price. We reserve the right to modify the Transaction Fee and any other fees at any time. You are solely responsible for determining any sales, use privilege, gross receipts, excise or other tax due in connection with the sale of your Products on the Platform. You shall pay all such taxes and other amounts that you may owe as required by applicable law or regulation.

4. Payment Processing. Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). You agree to be bound by the Stripe Terms, including, but not limited to, Stripe’s prohibitions on conducting or transacting with aRestricted Business, which may be modified from time to time. As a condition of Love enabling payment processing services through Stripe, you authorize Love to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your sale of Products to Buyers on our Platform. You further agree to provide accurate and complete information about you, including, but not limited to, your financial information and banking details, and authorize Love to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. You also agree that Love is not responsible for the use or misuse of such financial information, banking details and transaction information by Stripe or any third party. Love reserves the right to switch payment processing vendors at its discretion.

5. Shipping. We have partnered with Shippo to provide you with certain shipping and carrier services to Buyers, including, but not limited to: (a) labeling services, whereby you can purchase and print shipping labels from select carriers; (b) tracking services, including rating, tracking, and package status from select carriers based on the Products’ tracking numbers; and (c) rating services, which provides certain information about shipments, such as, but not limited to, the service class, price of postage, and the transit time for a shipmen (collectively, “Shippo Services”). In order to avail yourself of Shippo Services, you must create a Shippo account (“Shippo Account”) and agree to Shippo’s Terms of Use, any other Shippo terms and conditions relevant to you, and the relevant terms and conditions of the carriers selected by you via your Shippo Account, all of which may be modified from time-to-time. You are responsible for all charges, fees, and taxes incurred through your use of Shippo Services via your Shippo Account. We do not warrant or make any representations with respect to your use of Shippo Services or your Shippo Account. If you have any questions or comments regarding Shippo Services or your Shippo Account, please contact Shippo Customer Support via partner-support@goshippo.com.

6. Advertising. We currently purchase off-site advertising from a network of providers (“Off-site Ads”) to market and advertise your Products. By virtue of your successful registration as a Seller on the Platform (discussed above), you are automatically enrolled in Off-Site Ads. We reserve the right to advertise any Product listed on the Platform, and you agree that all of your Product listings or Shops may be promoted by us via Off-Site Ads. If you make any edits to your Product listings or Shop, your Off-Site Ads will be updated to reflect those changes. We reserve the right, in our sole discretion, to determine whether your Products are appropriate for Off-Site Ads. If we determine that your Products are inappropriate for Off-Site Ads, then we may restrict one or more of your Product listings from appearing in our Off-Site Ad partner channels or prohibit your participation in Off-Site Ads altogether.

7. Privacy. You are responsible for protecting any personal information you receive or process, and you must comply with all relevant legal requirements, including, but not limited to, applicable data protection and privacy laws which may require you to post and comply with your own privacy policy. Your privacy policies must: (a) be made available to and accessible by our users with whom you interact; and (b) comply with our Terms and Privacy Policy.

8. Indemnification. You agree to and will defend, indemnify, and hold harmless Love, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, licensors, suppliers, successors, assigns, and agents, against any third-party claim, loss, damage, settlement, cost (including, without limitation, attorneys’ fees), expense, or other liability (including, without limitation, those resulting from any action requested by a governmental body or standards organization, or any action reasonably taken to address a potential health or safety risk to consumers) arising from or related to (a) your non-compliance with applicable Laws; (b) your Products, including, but not limited to, the offer, sale, fulfillment, refund, recall, cancellation, return, adjustments thereof, or any other obligation to your Buyers, your UGC or use of Platform Content (including, without limitation, Third-Party Services), any actual or alleged infringement of any intellectual property rights by or in connection with any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by Love), or property damage related thereto; (c) your use of your Stripe “Connected Account” as defined in the Stripe Services Agreement or any other related services; (d) your use of your Shippo Account and Shippo Services; (e) your taxes and duties or the collection, payment, or failure to collect or pay your taxes or duties, or the failure to meet tax registration obligations or duties; or (e) actual or alleged breach of any representations you have made.

9. Force Majeure. We will not be liable for any delay or failure to perform any of our obligations under these Seller Terms by reasons or events due to matters beyond our reasonable control.

10. Tax Notices & Forms. From time-to-time, we shall provide you with certain tax notices and forms in connection with your use of your Connected Account. Accordingly, you grant us permission to receive these notices and forms on your behalf and deliver them to your Connected Account.

11. Marketing & Publicity. We may disclose the fact that you are a Seller on the Platform by using your or your business’s name, mark and logo in our marketing materials, including, but not limited to, our website, blogs, displays, case studies, printed collateral, sales and press materials, for both Love owned and third-party media. Any additional use will only be with your written consent which you agree will not be unreasonably withheld. You shall use commercially reasonable efforts to respond to our request for marketing use within ten (10) business days.

12. Seller Support. If you have any questions regarding our Seller Services or your use of and activities on our Platform or would like to submit feedback, comments, requests for technical support, and other communications relating to the Platform, please feel free to contact Seller Support at support@love.com. Seller Support will be available during the hours of 8:00AM to 5:00PM PST.

*Community Score. Each Product on the Platform shall receive a “Community Score,” which shall be based on Buyer feedback on our platform. *Love Score. Each Product on the Platform shall also receive a “Love Score,” which is a Love proprietary scoring system based on our vetting process and algorithm related to high quality standards, product certifications, research, efficacy, and consumer feedback
Statements on this website have not been evaluated by the Food and Drug Administration and the products on this website are not intended to diagnose, treat, cure or prevent any disease.
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