Seller Fulfillment Policy
Release date: Aug 11st, 2024
1. General
1.1. In order to provide high-quality and consistent user experience to customers on the Temu Platform and transparency about how we evaluate and take enforcement actions about order fulfillment, we adopt this Seller Fulfillment Policy (this “Policy”). This Policy applies to all orders placed on the Temu Platform and fulfilled within the US, including both orders fulfilled by third-party logistics service providers from the list in the Temu Seller Center with the Temu waybill system and orders fulfilled by third-party logistics service providers not on the list in the Temu Seller Center. You must carefully review the terms of this Policy and strictly adhere to them in the fulfillment of orders of Your Products.
1.2. Capitalized terms used but not defined in this Policy shall have the same meaning as those in the Temu Seller Services Agreement.
2. Time Limits
2.1. When you add a new product in Your Account, you shall set for the product the “Handling Time”, which is the time you need to prepare the product ready for shipping, and the “Transit Time”, which is the time the logistics service provider needs to complete delivery of the product to buyers. When a buyer places an order for a product, we will provide the “Ship Date” (i.e. the date by which you shall ship the product to the buyer) and the “Delivery Date” (i.e. the date by which the product should be delivered to the buyer) for the product based on its Handling Time and Transit Time. You shall adhere to these time limits when fulfilling your orders. If you fail to set the Handling Time or the Transit Time for a product, we will assume the Handling Time to be one (1) operating day and the Transit Time to be two (2) operating days. You may make changes to the Handling Time and the Transit Time or select different third-party logistics service providers for Your Products at any time, which may affect the time limits for all orders created after the changes are made. But for all orders created before the changes, the original time limits shall still apply.
2.2. When calculating the Handling Time and the Transit Time, we will only count business days unless you selected different operating days in the Shipping Settings section in Your Account, in which case we will count all operating days selected by you.
2.3. You shall always ship your order on or before 23:59:59 of the Ship Date, which means uploading the order’s carrier tracking number to Your Account. If you use a third-party logistics service provider on the list of the Temu Seller Center, you can use Temu’s waybill system to generate and upload the carrier tracking number. If you use a third-party logistics service provider not on the list of the Temu Seller Center, you should obtain the carrier tracking number from the logistics service provider of your choice and manually upload it to Your Account. If you split an order into several packages, the order is shipped when you upload all carrier tracking numbers under the order to Your Account.
2.4. Orders of Your Products shall always be delivered to buyers on or before 23:59:59 of their Delivery Dates, which can be evidenced by delivery scan records or other confirmation records accepted by us.
2.5. All time limits are calculated based on the time zone in which the delivery address is located.
2.6. If you become aware that an order can’t be shipped or delivered within the time limits in Section 2.3, you should contact us immediately and provide us a reasonably detailed explanation for the delay.
3. Delays
3.1. If an order is not delivered on or before 23:59:59 of the Delivery Date, unless otherwise agreed with you, we may charge liquidated damages of $5 per order and deduct the amount from Your Account. The liquidated damages amount is a reasonable and genuine pre-estimate of our losses which may include compensating the buyer and covering all costs incurred by us. If an order contains different products with different Delivery Dates, the latest Delivery Date shall apply to this order. For the avoidance of doubt, the charge of liquidated damages under this Section 3.1 does not release you from your obligation to fulfill the order.
4. Out-of-Stocks
4.1. If (i) you inform us or the buyer that one or more products in an order are out-of-stock, (ii) you inform us or the buyer that you can’t fulfill an order for any reason or impose additional condition(s) on the fulfillment of the order (e.g. the buyer must pay additional fees, the buyer must pick up the order from designated location, the buyer must purchase more products first, etc.) (iii) you ask the buyer to cancel an order and apply for refund, (iv) you fail to ship an order by its Ship Date and do not respond to inquiries by us or the buyer, or (v) you fail to ship an order within seven (7) operating days, such order shall be deemed an out-of-stock order.
4.2. Unless otherwise agreed with you, depending on the severity of the case, we may (i) cancel the order and refund the buyer, (ii) charge liquidated damages of $5 per order and deduct the amount from Your Account, (iii) remove and ban from the Temu Platform the listings of out-of-stock products, (iv) fulfill the order with the same products from other Temu sellers at your expense, and/or (v) suspend processing disbursement of Your Account. The liquidated damages amount is a reasonable and genuine pre-estimate of our losses which may include compensating the buyer and covering all costs incurred by us.
5. Fraudulent Fulfillment
5.1. If (i) you upload a false carrier tracking number for an order; (ii) the order is not delivered to the buyer within a reasonable period after the corresponding carrier tracking number(s) are uploaded, or (iii) you use other fraudulent methods to avoid fulfilling the order in accordance with the terms of the Temu Seller Services Agreement and this Policy, you have committed fraudulent fulfillment with respect to such order.
5.2. For the purpose of Section 5.1(i), examples of false carrier tracking number include but not limited to:
(1) the logistics information corresponding to the carrier tracking number is not available at the official website of the selected logistics service provider within 48 hours after you upload the carrier tracking number;
(2) according to the official website of the selected logistics service provider, the package corresponding to the carrier tracking number has not been picked up within 48 hours after you upload the carrier tracking number;
(3) the tracking information corresponding to the carrier tracking number does not match the actual delivery of the package(s) in the order (e.g. the carrier tracking number has been used for another order with different delivery information within 30 days; the pick-up information corresponding to the carrier tracking number does not match the shipping address under Your Account, the delivery information corresponding to the carrier tracking number does not match that of the order details; the tracking events corresponding to the carrier tracking number do not match the delivery track of the order or display an abnormal delivery track of the order).
5.3. For the purpose of Section 5.1(ii), we may decide the reasonable period for an order taking into consideration the specific circumstances of the case.
5.4. If you (i) deliver an empty package to the buyer, (ii) deliver a package of product(s) that are different from what the buyer ordered, (iii) only deliver some but not all of the products ordered by the buyer, or (iv) use other fraudulent methods that we consider to be egregious or particularly harmful to buyer’s shopping experience, in each case to avoid fulfilling the order in accordance with the terms of the Temu Seller Services Agreement and this Policy, you have committed aggravated fraudulent fulfillment with respect to such order.
5.5. If we determine that you have committed aggravated fraudulent fulfillment with respect to twenty (20) or more orders shipped in one day, accounting for 5% or more of the total number of shipped orders of a particular Standard Product Unit (“SPU”) for the day, we may presume that you have committed aggravated fraudulent fulfillment with respect to all orders of the SPU shipped during that day.
5.6. With respect to each fraudulent fulfillment order under Section 5.1, we may charge liquidated damages of $10 per order or 50% of the Disbursement Price of the order, whichever is higher, and deduct the amount from Your Account, provided, however, that the amount shall not exceed $200 per order. The “Disbursement Price,” with respect to a product, means the aggregate Base Prices of Your Products in the order as shown in the transaction details page.
5.7. With respect to each aggravated fraudulent fulfillment order under Section 5.4, regardless whether it is determined or presumed, we may charge liquidated damages of $10 per order or 100% of the Disbursement Price of the order, whichever is higher, and deduct the amount from Your Account, provided, however, that the amount shall not exceed $500 per order.
5.8. The liquidated damages amounts in Sections 5.6 and 5.7 are reasonable and genuine pre-estimates of our losses which may include compensating buyers and covering all costs incurred by us.
5.9. Without prejudice and in addition to our rights under Sections 5.6 to 5.8, with respect to each fraudulent fulfillment order, regardless whether determined or presumed, unless otherwise agreed with you, we may (i) cancel the order and refund the buyer, (ii) remove and ban from the Temu Platform the listings of products involved in fraudulent fulfillment, (iii) fulfill the order with the same products from other Temu sellers at your expense, (iv) suspend processing disbursement of Your Account, and/or (v) require you to complete the fulfillment and delivery of the order.
5.10. We may use information from the official websites of all carriers used to deliver your orders to determine whether you have committed fraudulent fulfillment or aggravated fraudulent fulfillment. If the carrier changes, we may use the new carrier tracking number and its corresponding logistics information to make those determinations.
6. Free Shipping Undertakings
6.1. You shall be liable to pay for all shipping expenses on all orders, including returns. Notwithstanding the above, a buyer may be required to pay shipping fees on (i) any order of less than $30 at $2.99 per order or such other amount as determined by us and (ii) any return (other than the first return or the first two returns for certain buyers selected by us) of an order at up to $7.99 per return or such other amount as determined by us. To the extent any shipping fee is paid by a buyer or deducted from the refund to a buyer, such amount will be credited to you.
6.2. You may not charge additional fulfillment or delivery fees to buyers or otherwise increase buyers’ fulfillment or delivery costs. Unless you can provide us with an explanation supported by evidence, which we, in our absolute and sole discretion, find reasonable and convincing, with respect to each violation of this Section 6.2, without prejudice and in addition to all remedies available to us under this Policy and the Temu Seller Services Agreement, we may charge liquidated damages of either (i) $150 per order or $150 per package, whichever is higher, or (ii) ten (10) times the additional fees or increased costs borne by the buyer. The liquidated damages are a reasonable and genuine pre-estimate of our losses which may include compensating buyers and covering all costs incurred by us.
7. Other Fulfillment Errors
7.1. If (i) the tracking status corresponding to a carrier tracking number displays package lost, package damaged, package returned to sender/shipper, package not accepted, failed attempt, undeliverable package, unsuccessful delivery, recipient complaint or other similar error messages, (ii) the tracking status has not been updated for fifteen (15) calendar days, (iii) the order is not delivered within twenty (20) calendar days, or (iv) other fulfillment errors generally accepted by the industry, we may cancel the order and refund the buyer.
8. General
8.1. If the fulfillment of an order is split into shipping and delivery of multiple packages, we may take enforcement action against the order if the shipping and delivery of any of the packages within the order violates this Policy.
8.2. If you violate this Policy, we may take some or all enforcement actions against your violations as permitted by this Policy. The enforcement actions under this Policy are not exclusive but cumulative with all other enforcement actions available under this Policy, all rights, remedies and elections available to us under the Seller Services Agreement, and all other rights, remedies and elections available to us or the buyers under contract, at law or in equity.
8.3. We may take some or all of the enforcement actions in connection with an order as permitted by this Policy. No waiver of some or all of the enforcement actions with respect to an order shall be deemed, or will constitute, a waiver of our rights with respect to other orders, whether or similar, nor will any waiver constitute a continuing waiver.
8.4. If you violate this Policy, we may enforce against Your Account and your Affiliated Accounts.
8.5. We understand that human errors may occur. Nevertheless, we reserve the right to decide whether your violation is willful or unintentional, which may affect whether we will take enforcement actions or what enforcement actions we may take. If you disagree with our decision on your violation of this Policy or the enforcement action(s) we take, you may file an appeal request from the Temu Seller Center in accordance with the relevant Temu Seller Rules.