TERMS AND CONDITIONS (T&C)
Last version: 1st December 2018
- ACCEPTANCE OF TERMS & CONDITIONS
1.1. Terms and Conditions (T&C) represent the Service Providing Agreement concluded between VLAD MEDIA SERVICES SRL (the owner and operator of com also ”FBAREFUNDFINDERS”, ”Us”, ”We”) acting as a Service Provider and you, as a Client. You acknowledge that these T&C constitute a contract between you and FBAREFUNDFINDERS and that these Terms govern your use of the Service and supersede any other agreements between you and FBAREFUNDFINFERS.
1.2. By accepting these Terms, or by accessing or using the Site, you represent and acknowledge that you have read, understood and agree to be bound by these Terms, and that the information you provide in registering to the service we offer is accurate, complete, and is yours or within your right to use.
- CONDITIONS OF USE
2.1. In order to provide you with our services as described below, you must be an Amazon Pro Seller, as we’ll need you to authorize us with Amazon MWS API credentials to import all of your storefront data.
2.2. You represent that you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered.
2.3. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you,” your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.
- DESCRIPTION OF SERVICE
3.1. FBAREFUNDFINDERS act as an intermediary between your company and Amazon in the process of reimbursement recovery. The service provided by us will include and will not be limited to:
- Assisting and representing you in the process of reimbursement respecting Amazon’s Terms & Conditions and its Reimbursement Policy;
- Analysing and reconciling reports;
- Determining eligible reimbursements;
- Opening the case;
- Submitting the case;
- Communicating with Amazon through its Customer Support Team.
- REIMBURSEMENT CASES
- Our services cover the following reimbursement cases:
- Amazon lost inventory at the warehouse, and it has been 30 days;
- Amazon damaged inventory at the warehouse, and it has been 30 days;
- Amazon claims to have reimbursed a return but it has not been reimbursed;
- Amazon improperly received or miscounted items from inbound shipments in past 9 months;
- Amazon claims to have placed an item back into your inventory but it has not been replaced;
- Amazon issued a refund, but customer never returned item and it has been 45 days;
- Amazon accepted a return after 45 days but you weren’t reimbursed for the 20% restocking fee;
- Amazon reimbursed you for less quantity than you were supposed to get reimbursed for;
- Amazon’s reimbursement is too small compared to value of item;
- Amazon issued a chargeback but didn’t reimburse you;
- Amazon issued a partial refund but you were not reimbursed;
- Amazon approved refund past the normal approval window per their policy;
- Amazon destroyed item without your request or permission;
- Amazon refunded the customer more than they paid for originally;
- Amazon or carrier damaged a customer return;
- Amazon or carrier damaged inbound shipments in transit, and it has been at least 30 days;
- Total reconciliation of all inventory transactions.
- PROCEDURAL STEPS
5.1. Once you contracted our services, we assign a case manager to your account who manually submits a small number of cases to Seller Support for you, every day. The number of cases submitted is in accordance with Amazon’s Reimbursement Policy.
5.2. You will need to create a limited-access user account on Amazon Seller Central for your case manager. This will give your case manager access to only the necessary functions like reporting and support case management.
5.3. Your case manager double checks whether a claim is valid before they submit it to Seller Support, and keeps you updated on the progress of that case through your reimbursement audit dashboard. In accordance with Amazon’s Terms of Service, we do not automate any claim submissions. Your case manager reviews each potential claim and manually submits quality claims with accurate data.
5.4. Your case manager will handle all follow-ups related to the claims submitted on your behalf, and occasionally reaches out to you if there are any particular cases that may need documentation from you.
5.5. When Amazon’s reimbursement seems too low, your case manager already follows up with Amazon to make sure you get reimbursed fairly for your item. Alternatively, if a case has been resolved and the reimbursement seems too small, please feel free to raise any questions you have about a particular case by sending a note to your case manager, or [email protected]. We’ll look into it for you as soon as possible.
6.1. You need to grant to your case manager the following permissions:
a) Manage FBA Inventory/Shipments (required for fulfilment reports, and reconciling shipments);
b) Fulfilment Reports (for following up with Seller Support with direct links);
c) Payments Reports (to confirm that reimbursements were paid out to you);
d) Manage Your Cases (for creating and replying to support cases).
7.1. We charge 25% commission for all successful reimbursements, including inventory reimbursements. To value a unit of inventory, we use the amount per unit value Amazon assigns. Based on our experience, Amazon’s per unit reimbursement values tend to be similar to the net revenue you’d make if that unit sold, or sometimes even less when Amazon uses default values. However, if Amazon gets it wrong, feel free to ask your case manager about any particular reimbursement, or email us at [email protected] . We’ll look into it for you as soon as possible.
7.2. While rare, in case Amazon applies different per unit amounts to inventory reimbursements in the same support case, we’ll make sure that we calculate our charge to you using the lowest inventory reimbursement value present.
- PAYMENT METHOD
8.1. We accept all major debit and credit cards. Your payment information is encrypted via our integration with Stripe.
8.2. Every first Monday of a fiscal month, we’ll send you an invoice of all the reimbursements we successfully recovered for you in the past month. You’ll have the week to review, and we’ll charge the payment method stored on your account every Friday.
- LATE PAYMENT
9.1. In case you don’t respect the payment term as stated above, we will notify you in writing about the delay and we will give you a term of 5 calendar days to make the payment.
b) In the event you don’t comply with our request within the 5 calendar days term, we retain the right to take legal action to recover the amount owed to us together with a 0,5% penalty for every calendar day of delay.
- DISCLAIMER AND GENERAL RELEASE
10.1. You expressly agree to release us, indemnify, defend and hold us harmless against any direct or indirect loss, damage, cost, claim or expense caused to you or to your business, including any implied warranties of merchantability.
- LIMITED WARRANTIES AND LIMITATION OF WARRANTIES
11.1. We do not warrant or represent:
a) The completeness or accuracy of the information published on our website, including on our blog section or in our Guide to FBA reimbursements.
b) That the website or any service on the website will remain available. We reserve the right to discontinue or modify any or all of our website services at any time without any prior notice, including the prices of the Services.
c) We do not warrant that fbarefundfinders.com’s connection to the internet will be uninterrupted, always available or error-free.
11.2. Although we have taken all the reasonable precautions to ensure no viruses or malware are present on our website, and the Personal Data you send to us is stored securely in our database, we can’t guarantee the efficiency of our security measures and we will not be held liable for any direct or indirect incident or consequential damages produced to you in case of a breach of the security measures we have put in place or by your use of fbarefundfinders.com.
No data transmission on the internet can be guaranteed as fully secure. We advise you to take your own precautions to ensure you are not exposed to any risk of viruses, malicious computer code or other form of interference which may damage your computer system or lead to loss, theft or compromise of your information and/or Personal Data. We highly recommend that you install an anti-virus software to make sure your computer and network are protected. We are not liable for any damage or loss occurring to you as a result of your use of our website.
11.3. Guide to FBA reimbursements Content Disclaimer – The content provided in our guide” 5 Easy steps to retrieve the money you deserve” is designed to offer helpful information on the subjects discussed, the material is provided ”as is”. We do not guarantee the accuracy or authenticity of the information provided in the content of the guide. We will not be held liable for any direct or indirect damages caused to you or to your business that result from you taking action according to the information provided in the guide and we don’t guarantee you any positive results in following any advice provided by or through us.
12.1. We agree not to disclose any confidential information about you and your business we might have access on while performing the hereto agreement.
- FORCE MAJEURE
13.1. 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
14.1. We have the right to amend any of the terms and conditions contained in this Agreement at any time and at our sole discretion. Any changes will be effective upon the posting of such changes on fbarefundfinders.com and you are responsible to read and review these Terms and Conditions every time you visit our website.
- JURISDICTION AND APPLICABLE LAW
15.1. By agreeing to these Terms and Conditions you also acknowledge that this agreement will be governed by the Laws of Romania. The Courts of Romania shall have exclusive jurisdiction over all transactions, business dealings & disputes between you and the FBAREFUNDFINDERS.
15.2. In case of a conflict or a dispute, both the Service Provider and the Client agree to do their best to resolve the dispute amicably and only in case of failure will they refer it to the competent courts.
15.3. According to this provision, the parties agree to notify each other in writing regarding any breach of this Agreement in 2 working days from the occurrence of the conflict and will try to agree upon any actions to repair the prejudice resulting from the breach before seeking to appeal to competent courts.