Aesthetic Record Marketplace Code of Conduct for Vendors

Introduction

Welcome to the Aesthetic Record (AR) Marketplace, a dynamic platform designed to connect vendors with healthcare providers seeking high-quality products for their aesthetic practice. To ensure a consistent, fair, and safe shopping experience for all users, we require all participating vendors to adhere to the following Code of Conduct, which outlines the required behaviors and practices within our marketplace.

Disputes

AR Marketplace takes financial integrity seriously. Vendors will be debited for any credit card disputes that are resolved against their favor. It is the vendor’s responsibility to provide clear, accurate, and honest product descriptions and to fulfill orders as promised to minimize disputes.

Tax Documentation

1099-K Forms: Vendors reaching the IRS threshold, which for the 2023 calendar year is set at $20,000 in sales AND 200 transactions, will be issued a 1099 form to comply with tax reporting requirements. Please note that these thresholds may change annually based on IRS regulations. AR Marketplace will update these requirements as needed to ensure proper compliance with the IRS. It is the responsibility of each vendor to remain informed about current thresholds and to comply with all tax reporting obligations.

W9 Forms: All vendors are required to submit a W9 form upon registration. The submitted W9 must pass a TIN (Tax Identification Number) check to verify the vendor’s identity and tax reporting status.

Returns, Refunds, and Cancellations

Returns and Refunds: Vendors are responsible for handling returns and requesting refunds for AR Marketplace to process to the customer. Refunds processed will be debited from the vendor’s account.
Cancellations: Orders canceled by the customer or the vendor that result in refunds will also be debited from the vendor’s account.

Performance Metrics and Communication

Vendors are expected to maintain high standards of customer service. This includes promptly responding to service tickets, engaging in respectful communication with customers, and ensuring accurate and timely order fulfillment. Poor reviews, unresponsive service tickets, poor seller communication, and reports filed against the vendor may result in temporary or permanent deactivation of the vendor’s store.

Prohibited Activities

False Advertisement: All product descriptions and advertisements must accurately represent the items being sold. Misleading information, unsubstantiated claims, and deceptive practices are strictly prohibited.

Sale of Regulated Products: Vendors are forbidden from selling FDA-regulated pharmaceuticals such as neurotoxins and fillers without proper authorization and compliance with FDA regulations. It’s the vendor’s responsibility to ensure that all products comply with federal, state, and local regulations.

Counterfeit Products: The sale of counterfeit or unauthorized replica products is strictly prohibited. Vendors found to be selling counterfeit goods will be immediately removed from the AR Marketplace, and appropriate legal action may be taken.

Intellectual Property

Vendors must respect the intellectual property rights of others. This includes refraining from selling products that infringe on another’s patents, trademarks, or copyrights. Vendors are responsible for ensuring that their products and listings do not violate the intellectual property rights of third parties.

Compliance with Laws

Vendors are expected to conduct their business in full compliance with all applicable laws and regulations, including but not limited to consumer protection laws, export control laws, and privacy laws. Violations may result in store deactivation and further legal consequences.

Product Taxation and Compliance

Tax Code Requirement

All products listed on the AR Marketplace must be assigned a relevant tax code to ensure accurate tax collection and compliance. Vendors are responsible for assigning the correct tax code to each of their products. If a product does not have an associated tax code, it will be subject to standard state and local tax rates by default.

To determine the appropriate tax code for your products, vendors can refer to the Avalara Tax Code Directory at: https://taxcode.avatax.avalara.com. This resource provides a comprehensive search tool to help vendors find tax codes that accurately reflect the taxability of the goods and services they sell.

Importance of Correct Tax Codes

Correct tax coding is crucial for several reasons:

  • Compliance: Ensuring that products are taxed correctly according to state and local laws helps both vendors and the AR Marketplace maintain compliance with tax authorities.
  • Customer Trust: Accurate tax charges at checkout contribute to a transparent and trustworthy shopping experience for customers.
  • Financial Accuracy: Proper tax coding helps prevent financial discrepancies arising from over or under-collecting taxes, which could lead to issues with tax authorities.

Vendor Responsibility

Vendors are responsible for:

  1. Regularly reviewing and updating their product listings to ensure all items have the correct tax codes assigned.
  2. Staying informed about changes in tax laws that may affect the taxability of their products.
  3. Consulting with a tax professional if they are unsure about the correct tax code for their products.

Failure to comply with tax code requirements may result in product listing corrections, warnings, or in severe cases, store deactivation, to maintain the integrity and compliance of the AR Marketplace.

Sales and Use Tax Exemption Compliance

Exemption Documentation Requirement

Vendors seeking sales and use tax exemptions for any goods or services sold on the AR Marketplace must provide comprehensive documentation of the exemptions approved and granted by the relevant state authorities. This documentation is crucial for validating the exemption claims and ensuring compliance with tax laws.

Procedure for Submitting Exemption Documentation

To facilitate a streamlined exemption process, vendors are required to follow these steps:

  1. Obtain Documentation: Secure the official exemption documentation from the state authority where the exemption is claimed. This may involve submitting applications or requests directly to the tax authority of the respective state.
  2. Submit to AR Marketplace: Forward copies of the approved and granted exemption documentation to the AR Marketplace’s designated compliance department. The submission should include the vendor’s account details and a clear indication of the goods or services for which the exemption is applied.
  3. Verification Process: Upon submission, the AR Marketplace compliance team will review the exemption documentation for authenticity and applicability. This review process aims to ensure that all exemptions are valid and in line with state regulations.
  4. Update of Vendor Account: Once the exemption documentation is verified and approved, the vendor’s account will be updated to reflect the tax-exempt status of the specified goods or services. Any sales of these goods or services will then be processed in accordance with the exemption.

Vendor Responsibility

Vendors are responsible for:

  • Ensuring that their exemption documentation remains current and renewing any expiring documents in a timely manner.
  • Informing the AR Marketplace promptly of any changes in their tax-exempt status or if additional goods or services become eligible for exemption.
  • Maintaining copies of all exemption documentation for their records and for audit purposes.

Vendors must understand that:

  • The burden of proof for sales and use tax exemptions rests with the vendor. It is imperative that exemption claims are supported by valid, state-approved documentation.
  • Failure to provide valid exemption documentation when requested by AR Marketplace or state tax authorities may result in the revocation of tax-exempt status for the concerned goods or services, and the vendor may be liable for any unpaid taxes, penalties, and interest.

Compliance and Integrity

The AR Marketplace is committed to operating in full compliance with tax laws and regulations. We rely on our vendors to share this commitment by adhering to the sales and use tax exemption requirements and by conducting their business with integrity. Following these guidelines ensures a fair and compliant marketplace for all participants.

Amendments and Updates

Please note that tax laws and rates are subject to change. AR Marketplace will provide timely updates regarding major tax law changes; however, it remains the vendor’s responsibility to stay informed and ensure ongoing compliance with current tax codes and rates. AR Marketplace reserves the right to amend these terms at any time. Notice of amendments will be sent to all vendors, and continued use of the platform will constitute acceptance of the new terms.

Conclusion

By joining the AR Marketplace, vendors commit to adhering to these standards, ensuring a trustworthy, secure, and enjoyable experience for all users. Failure to comply with these terms may result in account suspension or termination, along with any applicable legal actions. We look forward to a fruitful and positive relationship with all our vendors.

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