BooCooPets Vendor Account Agreement

General Terms

Welcome to BooCooPets vendor account, a suite of optional services for sellers in the pet market.

THIS BOOCOOPETS SERVICES BUSINESS SOLUTIONS AGREEMENT (THE "AGREEMENT") CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND BOOCOOPETS. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES THAT APPLY FOR EACH COUNTRY FOR WHICH YOU REGISTER OR ELECT TO USE A SERVICE (IN EACH CASE, THE "ELECTED COUNTRY").

As used in this Agreement, "we," "us," and "BooCooPets" means the applicable BooCooPets Contracting Party and any of its applicable Affiliates, and "you" means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates.

Enrollment.

To begin the enrollment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law (for example, the Elected Country may not allow minors to use the Services). As part of the application, you must provide us with your (or your business') legal name, address, phone number and e-mail address, as well as any other information we may request. Any personal data you provide to us will be handled in accordance with BooCooPets’s Privacy Policy.

Service Fee Payments; Receipt of Sales Proceeds.

Once you signed as vendor in BooCooPets the first six months will be free, after the six month you will have to pay the amount of $50 USD each month, in case the mentioned price gets to increase we will let you know in advance. You are responsible for all of your expenses in connection with this Agreement. To use a Service, you must provide us with valid credit card information from a credit card or credit cards acceptable by BooCooPets ("Your Credit Card") as well as valid bank account information for a bank account or bank accounts acceptable by BooCooPets (conditions for acceptance may be modified or discontinued by us at any time without notice) ("Your Bank Account"). You will use only a name you are authorized to use in connection with a Service and will update all of the information you provide to us in connection with the Services as necessary to ensure that it at all times remains accurate, complete, and valid. You authorize us (and will provide us documentation evidencing your authorization upon our request) to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). All payments to you will be remitted to Your Bank Account through a banking network or by other means specified by us.

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to BooCooPets or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to BooCooPets or third parties persist. For any amounts that we determine you owe us, we may (a) charge Your Credit Card or any other payment instrument you provide to us; (b) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (d) reverse any credits to Your Bank Account; or (e) collect payment or reimbursement from you by any other lawful means. If we determine that your account—or any other account you have operated—has been used to engage in deceptive, fraudulent, or illegal activity (including the sale of counterfeit goods), or to repeatedly violate our Terms and Conditions, then we may in our sole discretion permanently withhold any payments to you. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency.

In addition, we may require that you pay other amounts to secure the performance of your obligations under this Agreement or to mitigate the risk of returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to BooCooPets or third parties. These amounts may be refundable or nonrefundable in the manner we determine, and failure to comply with terms of this Agreement.

As a security measure, we may, but are not required to, impose transaction limits on some or all customers and sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to you: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a customer to withdraw from a transaction because an BooCooPets Site or Service is unavailable following the commencement of a transaction.

Term and Termination.

The term of this Agreement will start on the date of your completed registration for use of a Service and continue until terminated by us or you as provided below. You may at any time terminate your account or this Agreement immediately on notice to us via email, the Contact Us form, or similar means. We may terminate your account or this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your account or this Agreement immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent, or  illegal activity; or (c) your use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or BooCooPets’s legitimate interests. We will promptly notify you of any such termination or suspension via email, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination.

License.

You grant us a royalty-free, non-exclusive, worldwide right and license for the duration of your original and derivative intellectual property rights to use any and all of Your Materials for the Services or other BooCooPets product or service, and to sublicense the foregoing rights to our Affiliates and operators of BooCooPets Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using standard functionality made available to you via the applicable BooCooPets Site or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).

Representations.

Each party represents and warrants that: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the country in which the business is registered and that you are registering for the Service(s) within such country; (b) it has all requisite right, power, and authority to enter into this Agreement, perform its obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by one party to the other party or its Affiliates is at all times accurate and complete; (d) it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority; and (e) it will comply with all applicable Laws in performance of its obligations and exercise of its rights under this Agreement.

Indemnification.

Your indemnification obligations. You will defend, indemnify, and hold harmless BooCooPets, and our officers, directors, employees, and agents, against any third-party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to (a) your non-compliance with applicable Laws; (b) Your Products, including the offer, sale, fulfillment (except to the extent attributable to the FBA service), refund, cancellation, return, or adjustments thereof, Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by BooCooPets), or property damage related thereto; (c) 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 (d) actual or alleged breach of any representations you have made.

Process. If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable Law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.

Disclaimer & General Release.

a. THE BOOCOOPETS SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU USE THE BOOCOOPETS SITES AND THE SERVICES AT YOUR OWN RISK. EXCEPT THOSE SET FORTH IN SECTION ABOVE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BOOCOOPETS SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.

b.BECAUSE BOOCOOPETS IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES BOOCOOPETS (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.

Limitation of Liability.

WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF BOOCOOPETS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY YOU TO BOOCOOPETS IN CONNECTION WITH THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM.

Tax Matters. 

As between the parties, you will be responsible for the collection, reporting, and payment of any and all of Your Taxes, except to the extent that (i) BooCooPets automatically calculates, collects, or remits taxes on your behalf according to applicable law; or (ii) BooCooPets expressly agrees to receive taxes or other transaction-based charges on your behalf in connection with tax calculation services made available by BooCooPets and used by you. You agree to and will comply with the Tax Policies. All fees and payments payable by you to BooCooPets under this Agreement or the applicable Service Terms are exclusive of any applicable taxes, deductions or withholding (including but not limited to cross-border withholding taxes), and you will be responsible for paying BooCooPets any of Your Taxes imposed on such fees and any deduction or withholding required on any payment.

Confidentiality and Personal Data.

During the course of your use of the Services, you may receive Confidential Information. You agree that for the term of the Agreement and 5 years after termination: (a) all Confidential Information will remain BooCooPets's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any other Person except as required to comply with the Law; (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) you will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfill your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfillment of statutory obligations. The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission or misrepresent or embellish the relationship between us in any way.

Generally, you may not use customer personal data in any way inconsistent with applicable Law. You must always keep customer personal data confidential (the above 5 years’ term limit does not apply to customer personal data).

Force Majeure.

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

Relationship of Parties.

Subject to the Transaction Processing Service Terms (if the Elected Country for a Service is the United States), you and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions in this Agreement are intended to be and are for the sole and exclusive benefit of BooCooPets, you, and customers. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.

Other Information.

If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to any BooCooPets Site or Service (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. If we make suggestions on using the Services, you are responsible for any actions you take based on our suggestions.

Modification.

We will provide at least 15 days’ advance notice in accordance with Section 18 for changes to the Agreement.

However, we may change or modify the Agreement at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive. We will notify you about any change or modification in accordance with Section 18.

Your continued use of the Services after the effective date of any change to this Agreement in accordance with this Section 15 will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Section 3.

Password Security.

Any password we provide to you may be used only during the Term to access BooCooPets (or other tools we provide, as applicable) to use the Services, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.

Export.

You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority.

Miscellaneous.

The Governing Laws will govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. If the Elected Country is the United States, Canada, or Mexico, BooCooPets and you both consent that any dispute with BooCooPets or its Affiliates or claim relating in any way to this Agreement or your use of the Services will be resolved by binding arbitration as described in this paragraph, rather than in court, except that (i) you may assert claims in a small claims court that is a Governing Court if your claims qualify; (ii) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights; and (iii) we may bring any claims related to your sale of counterfeit products on the BooCooPets Site in the Governing Courts and seek any remedy available under law related to those claims. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. The expedited procedures of the AAA’s rules will apply only in cases seeking exclusively monetary relief under $50,000, and in such cases the hearing will be scheduled to take place within 90 days of the arbitrator’s appointment. Likewise, BooCooPets will not seek attorneys' fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. BooCooPets and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration BooCooPets and you each waive any right to a jury trial.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void; provided, however, that upon notice to BooCooPets, you may assign or transfer this Agreement, in whole or in part, to any of your Affiliates as long as you remain liable for your obligations that arose prior to the effective date of the assignment or transfer under this Agreement. You agree that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction; or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for BooCooPets as the party to this Agreement. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. BooCooPets retains the right to immediately halt any of Your Transactions, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by applicable Program Policies. Because BooCooPets is not your agent (except for the limited purpose set out in the Transaction Processing Service Terms (if the Elected Country for a Service is the United States)), or the customer’s agent for any purpose, BooCooPets will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction.

BooCooPets will provide notice to you under this Agreement by sending you an email notification, or by similar means. You must send all notices and other communications relating to BooCooPets to our Selling Partner Support. We may also communicate with you electronically and in other media, and you consent to such communications. You may change your e-mail addresses and certain other information in the setion of settings, as applicable. You will ensure that all of your information is up to date and accurate at all times.

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between the parties with respect to the Services and related subject matter and supersedes any previous or contemporaneous oral or written agreements and understandings.

Selling Policies and Seller Code of Conduct

All sellers are expected to adhere to the following policies when listing products on BooCooPets. Seller offenses and prohibited content can result in suspension of your BooCooPets account.

Seller code of conduct

This policy requires that sellers act fairly and honestly on BooCooPets to ensure a safe buying and selling experience. All sellers must:

Violating the Code of Conduct or any other BooCooPets policies may result in actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges. More details about these policies are below.

Accurate Information

You must provide accurate information to BooCooPets and our customers, and update the information if it changes. For example, this means that you must use a business name that accurately identifies your business and list your products in the correct category.

Acting Fairly

You must act fairly and lawfully and may not misuse any service provided by BooCooPets. Examples of unfair activities include:

Ratings, Feedback, and Reviews

You may not attempt to influence or inflate customers’ ratings, feedback, and reviews. You may request feedback and reviews from your own customers in a neutral manner, but may not:

Communications

You may not send unsolicited or inappropriate messages. All communications to customers must be sent through Buyer-Seller Messaging and be necessary for fulfilling the order or providing customer services. Marketing communications are prohibited.

Customer Information

If you receive customer information such as addresses or phone numbers to fulfill orders, you may use that information only to fulfill orders and must delete it after the order has been processed. You may not use customer information to contact customers (except through Buyer-Seller Messaging) or share it with any third-party.

Circumventing the Sales Process

You may not attempt to circumvent the BooCooPets sales process or divert BooCooPets customers to another website. This means that you may not provide links or messages that prompt users to visit any external website or complete a transaction elsewhere.

Multiple Selling Accounts on BooCooPets

You may only maintain one BooCooPets account for each region in which you sell unless you have a legitimate business need to open a second account and all of your accounts are in good standing. If any of your accounts are not in good standing, we may deactivate all of your selling accounts until all accounts are in good standing.

Examples of a legitimate business justification include:

Filing Infringement Notices as an Agent or Brand Protection Agency

BooCooPets understands that many brands may choose to have brand protection agencies or agents report intellectual property infringement on their behalf and accepts submissions from authorized agents. However, BooCooPets does not permit individuals with active selling accounts to file infringement notices as an agent of a brand when the filing of those notices could benefit their own selling account (through removing competing listings, for example). Any sellers filing notices as an agent to benefit their own status as a seller may have their selling account terminated.

Communication Guidelines

As part of selling on the BooCooPets store, sellers communicate with buyers both directly and indirectly. BooCooPets requires that sellers follow the guidelines below for any communication with buyers. The Communication Guidelines policy is meant to protect buyers from fraud and abuse, and to protect you from unscrupulous actions from your competitors. Raising the bar for all communications to buyers benefits all our selling partners, resulting in a stronger marketplace.

Direct communication

Order status messages

Note: Do not contact the buyer and request that they submit a cancellation request when you are out of stock.

Buyer-Seller Messages

You may only send Permitted Messages to customers who have contacted you about purchasing a product or who have already purchased a product from you on the BooCooPets store. We define Permitted Messages as those communications necessary to complete an order or to respond to a customer service inquiry. 

Proactive Permitted Messages are those messages that you initiate and are not responses to a buyer’s question. You may send Permitted Messages for the following reasons: resolving an issue with order fulfillment, requesting additional information required to complete the order, asking a return-related question, sending an invoice, requesting product review or seller feedback or both, scheduling the delivery of a heavy or bulky item, scheduling a Home Services appointment, verifying a custom design, or any other reason where the contact is required for the buyer to receive their purchase. Permitted Messages must be sent within 30 days of order completion.

Permitted Messages do not include any of the following message types (in many cases we are already emailing customers with this information on your behalf): 

Permitted Messages may not include any of the following:

Permitted Message styling may not contain any of the following:

Indirect communication

BooCooPets communicates order-related information to buyers through their Your Account updates. These updates include information, such as when an order has been shipped (with the tracking number) or when a refund has been processed.

Failure to comply with these Communication Guidelines may result in BooCooPets limiting proactive Permitted Messages or a suspension of selling privileges in BooCooPets stores. BooCooPets has the authority to block any message at its discretion.

Customer product reviews policies

Customer reviews are an integral part of the customer shopping experience on BooCooPets. Customers use these reviews to learn more about the product, assess whether it fits their needs, and make an informed purchase decision. Customer reviews also help sellers understand the customers’ sentiment about their products, what features or aspects of the product customers like, and what areas need improvements. Reviews also provide sellers with ideas on how to improve their products. In order for customer reviews to continue to provide these benefits to customers and sellers, they have to remain a true and authentic reflection of customers’ experiences with the products.

It is important that you educate your business partners, employees, and any third-party partners you work with about these policies as well. Any infractions by your business partners, employees, or third party agencies will result in enforcement actions, even if it happened without your knowledge or consent.

Violations to Customer Reviews policies include, but are not limited to, these actions:

BooCooPets has a zero-tolerance policy towards any customer reviews violations. If we detect any attempts to manipulate customer reviews, we take immediate actions that include, but are not limited to:

Restricted products

Customers trust that they can always buy with confidence on BooCooPets. Products offered for sale on BooCooPets must comply with all laws and regulations and with BooCooPets's policies. The sale of illegal, unsafe, or other restricted products listed on these pages, including products available only by prescription, is strictly prohibited.

If you supply goods on BooCooPets, you should carefully review the Restricted Products Help pages listed below before listing a product. The examples provided in these Help pages are not all-inclusive and are provided solely as an informational guide. We encourage you to consult with your legal counsel if you have questions about the laws and regulations concerning your products. All products and listings must also comply with applicable laws. In addition, any links provided are for informational purposes only, and BooCooPets does not warrant the accuracy of any information provided in these links.

If you supply a product in violation of the law or any of BooCooPets’s policies, including those listed on the Restricted Products pages, we will take corrective actions, as appropriate, including but not limited to immediately suspending or terminating selling privileges, destroying inventory in our fulfillment centers without reimbursement, returning inventory, terminating the business relationship, and permanent withholding of payments. The sale of illegal or unsafe products can also lead to legal action, including civil and criminal penalties.

We are constantly innovating on behalf of our customers and working with regulators, third party experts, vendors, and sellers to improve the ways we detect and prevent illegal and unsafe products from reaching our marketplace. BooCooPets encourages you to report listings that violate BooCooPets's policies or applicable law by contacting us. We will investigate each report thoroughly and take appropriate action.

Additional related policies

Alcohol

Examples of Permitted Listings 

Examples of Prohibited Listings 

Animals & Animal-Related Products

You must comply with all applicable federal laws when selling animal products and animal-related products. You must also comply with state and local laws applicable to the jurisdiction into which your products are sold. In addition, you are responsible for obtaining any required licenses and permits and are liable for any penalties resulting from non-compliance. 

The following examples of prohibited listings are not exhaustive, but should be instructive in evaluating products for listing and sale. 

Examples of Prohibited Listings 

Drugs & drug paraphernalia

This page covers drugs, controlled substances, and drug paraphernalia. A drug is a substance used to diagnose, cure, treat, or prevent diseases in people or animals. Drugs can also be used to change the structure or function of the body, such as to treat some kinds of acne. Some drugs require a prescription for sale, such as most antibiotics, while other drugs may be sold without a prescription because they are approved by the FDA to be sold over the counter. 

“Controlled substances” are drugs that are illegal, such as cocaine or heroin. Products used with controlled substances may be considered drug paraphernalia. Drug paraphernalia includes products primarily intended or designed for use in making, preparing, or using a controlled substance.

Explosives, weapons, and related items

The following examples of prohibited listings are not exhaustive, but should be instructive in evaluating products for listing and sale.

Ammunition 

BooCooPets prohibits the listing or sale of firearm ammunition and ammunition components for assault weapons, black powder guns, handguns, muzzleloaders, pistols, shotguns, and rifles.

Examples of prohibited listings

Explosives 

BooCooPets prohibits the listing or sale of explosive devices and products that contain explosive materials.

Examples of prohibited listings

Firearms 

BooCooPets prohibits the listing or sale of all firearms, including assault weapons, black powder guns, handguns, muzzleloaders, shotguns, rifles, and starter guns.

Examples of prohibited listings

Firearm accessories 

BooCooPets prohibits the listing or sale of certain firearm and imitation firearm accessories.

Examples of prohibited listings

Knives and other bladed products 

BooCooPets policy prohibits the listing or sale of certain knives, including switchblades, balisongs, stilettos, and some blades designed to look like harmless items.

Examples of prohibited listings

Other products 

BooCooPets prohibits the listing or sale of blunt force striking weapons, body armor, body armor plates, and other dangerous weapons or items that can be used as dangerous weapons.

Examples of prohibited listings

Gambling & Lottery

Examples of Prohibited Products

Hazardous and prohibited items

Examples of prohibited listings 

Human Parts & Burial Artifacts

Examples of prohibited listings

Lock Picking & Theft Devices

Examples of prohibited listings 

Medical devices and accessories

Medical devices are regulated by the Food and Drug Administration (FDA), which is the U.S. federal agency that is responsible for ensuring that medical devices intended for human use are safe and effective. A medical device is an instrument, apparatus, machine or related object used to diagnose, cure, treat, or prevent diseases in people or animals. Medical devices can also be used to change the structure or function of the body, such as stimulating hair growth.

Some medical devices may be sold over-the-counter (OTC) to general consumers, while others are professional use and prescription only (Rx) medical devices. The FDA differentiates medical devices as OTC and Rx by assessing a device intended use and how safe it is to operate the device. FDA makes this differentiation by assessing the potential harm imposed on a patient because of the operation method of a device. Devices that are considered to be potentially harmful or unsafe unless operated under the supervision of a licensed healthcare practitioner are considered to be Rx medical devices. These products must comply with FDA’s Rx labeling requirements and they may only be sold to licensed healthcare practitioners. FDA recognizes that OTC and Rx classification can depend on a manufacturer’s intended use for the device. In these instances, the manufacturer is responsible for determining if the medical device should be sold to the general consumers (OTC) or if it can only be sold and operated by licensed healthcare practitioners (Rx).

On BooCooPets, only sellers participating in the Professional Health Care Program (PHC) are permitted to sell Rx medical devices. 

Compliance Checklist for Medical Devices and Accessories

Registration, Clearance, and Approval 

  1. Owners or operators of facilities that are involved in the production and distribution of medical devices intended for use in the U.S. must be registered with the FDA.
  2. Class I and Class II non-exempt medical devices must be cleared by the FDA for sale in the U.S. Note that most Class I devices are exempt from 510(k) clearance.
  3. Medical devices must not have been the subject of any unresolved FDA enforcement such as FDA warning letters.

Labeling

All medical devices must be labeled in English with the following information:

  1. The name and place of business of manufacturer, packer, or distributor, including the street address, city, state, and zip code;
  2. Directions for use, including:
  1. Statements of all purposes for which and conditions under which the device can be used
  2. Quantity of dose for each use and usual quantities for persons of different ages and physical conditions
  3. Frequency of administration
  4. Duration of application
  5. Time of administration in relation to other factors
  6. Route or method of application
  7. Any preparation necessary for use.

For more information, go to the U.S. Food and Drug.

Marketing

The requirements below apply to all product marketing materials, including the product detail page, product packaging, and any instructional materials or package inserts included with the product.

  1. Medical devices must not make false or misleading statements.
  2. Medical devices must use the claims 'FDA cleared' or ‘FDA approved’ appropriately.
  3. Medical devices must not use the FDA logo.

All sellers are prohibited from listing products that improperly claim to be "FDA Cleared", "FDA approved" or products that include the FDA logo in associated images.

FBA Offer Suppression Policy

Products identified as Rx medical devices are not eligible for Fulfillment by BooCooPets (FBA). Regulations prevent unlicensed fulfillment Centers from storing prescription medical devices.

Examples of prohibited listings for all sellers

The following medical devices are prohibited for sale per FDA regulations:

Offensive and Controversial Materials

BooCooPets’s Offensive Products policies apply to all products.

BooCooPets does not allow products that promote, incite or glorify hatred, violence, racial, sexual or religious intolerance or promote organizations with such views. We'll also remove listings that graphically portray violence or victims of violence.

We maintain these policies to ensure a welcoming environment for our global customers and sellers to do business while offering the widest selection of items on earth. We promote trust and respect, as well as adherence to the law.

We exercise judgment in allowing or prohibiting listings and we keep our global community of customers and cultural differences and sensitivities in mind when reviewing and making a decision on products. 

Listings for items that BooCooPets deems offensive are prohibited on BooCooPets.com. BooCooPets reserves the right to determine the appropriateness of listings on its site, and remove any listing at any time. If you supply a product in violation of our Offensive products policies, we will take corrective actions, as appropriate, including but not limited to immediately suspending or terminating seller privileges, destroying inventory in our fulfillment centers without reimbursement, returning inventory, terminating the business relationship, and permanent withholding of payments (as applicable). 

Examples of Products We Prohibit

Violence, Intolerance, and Hate

Intolerance

Human Tragedies and Disasters

Child or animal Abuse and Exploitation

Tobacco & Tobacco-Related Products

Examples of Prohibited Listings 

Tax policies

Responsibility for Taxes

You are responsible for identifying your tax obligations in addition to the calculation, remittance, and reporting of all taxes.

You agree that BooCooPets is not obligated to determine your tax obligation, whether taxes apply, and BooCooPets will not be responsible to calculate, collect, report, or remit any seller obligated taxes arising from any transaction.

Taxes on Fees and Payments

Any and all fees payable by you pursuant to this Agreement are exclusive of all taxes, and you will pay any taxes that are imposed and payable on such amounts. All payments made by you to BooCooPets under this Agreement will be made free and clear of any deduction or withholding (including but not limited to cross-border withholding taxes), as may be required by law. If any such deduction or withholding is required on any payment, you will pay such additional amounts, as are necessary so that the net amount received by BooCooPets is equal to the amount then due and payable under this Agreement.

Shipping Products Internationally

When fulfilling product from a country outside the order origin country (elected country), you are the importer of goods to the elected country and responsible for the payment of all import duties, taxes, and custom fees (collectively “Customs Fees”). If you fulfill product to an address outside your elected country, generally, you are considered the exporter and the buyer is considered the importer. The seller  is responsible for export Customs Fees (if any) and the buyer is responsible for any import Customs Fees related to their purchase. Customs Fees paid by any party (if any) are in addition to the sales proceeds collected by BooCooPets.