1. About the Penalty Policy
A) Purpose
Sky.Garden strives to maintain the highest standards in the Sky.Garden marketplace, to ensure that buyers can always shop with trust and confidence and that sellers compete fairly. We have a range of codes, policies, and guidelines, directed toward maintaining our standards.
In the event that sellers fail to adhere to our codes, policies, and guidelines, we reserve the right to apply penalties, including financial penalties.
The purpose of this Policy is to ensure transparency around Sky.Gardens' approach to applying penalties.
B) Scope
This Policy sets out:
- The range of remedies available to Sky Garden for breach of the Terms and Conditions of Use of the Marketplace, or Sky Garden codes, policies, and guidelines;
- The particular breaches that will be subject to financial penalties;
- The level of financial penalties that may be applied; and
- How do we apply and communicate financial penalties to sellers?
C) Application
- This Policy applies to all sellers on the Sky Garden marketplace.
2. Sky Garden remedies for seller breaches
Sky Garden may, at its discretion, apply financial penalties in respect of the following three main categories of breach:
- Quality control failures
- Sale of counterfeit products; and
- Sale of prohibited or restricted products, particularised in further detail at section 3 below.
Sky.Garden's right to apply the financial penalties set outlined in this Policy is without prejudice to all other rights and remedies available pursuant to the Terms and Conditions of Use of the Marketplace and at law, including:
- Delisting products;
- Formal warnings;
- Temporarily suspending access to the marketplace;
- Withholding all payments to the seller;
- Deleting the seller account and permanently prohibiting access to the marketplace;
- Commencing legal action against the seller; and/or
- Reporting the seller to the relevant regulatory authorities for criminal prosecution.
3. Breaches that result in financial penalties
a) Quality control failure
Sky Garden operates strict quality control procedures in respect of all products
delivered to the customers.
Sky Garden will impose a penalty fee of KSH 1500 on sellers in respect of each and every product that fails Sky Garden quality control checks, including for any of the reasons listed in the table below.
QC failure reason |
Definition |
Description |
Wrong item |
Fulfilled an item different from what was ordered |
If an item is rejected at a delivery point because it does not physically match what was ordered. This applies to the wrong color, shape, technical characteristics, and brand. |
Defective item |
Fulfilled items not working in line with specifications, items missing parts, broken seals, or stains. |
If an item is rejected at a delivery point because it is damaged, incomplete, not functional, or not usable. e.g. missing items or parts, damaged or broken items/packages, stains, stitching defects, misplaced or broken seals, and items that do not power on. |
Used item |
Fulfilled item(s) that have been previously used |
If an item is rejected at the drop-off point because it is not new e.g. item looks used/has been used. |
b) Counterfeit products
Sky Garden prohibits the sale of counterfeit products on our marketplace and will act swiftly to remove such products from the supply chain.
Sky Garden will impose a penalty fee of KSH 25000 on sellers in respect of each and every counterfeit item that we discover, either on a product listing, during quality control inspections, or following a buyer complaint.
Further particularised our approach to keeping counterfeit products out of the marketplace, and to dealing with breaches of the policy.
c) Prohibited or restricted products
Prohibited products are those products that may never be sold on Sky Garden due to illegality, whilst restricted products may only be sold if certain criteria are met.
Sky Garden reviews all product listings, and works with our logistics providers and customs authorities, to ensure that we identify and prevent the sale of prohibited and restricted products.
Sky Garden will impose a penalty fee of KSH 80000 on sellers in respect of each and every prohibited or restricted item that we discover, either on a product listing or at any other point in our supply chain.
Our Prohibited and Restricted Products Policy further particularised our approach to protecting our buyers against the sale of unsafe, illegal, and otherwise unlicensed products when they shop in our marketplace.
4. The level of the financial penalties
The table below summarises the amount of the penalty fees applied for specified breaches.
Breach |
Penalty per item (KSH) |
Quality control failure |
1500 |
Counterfeit product |
25000 |
Prohibited or restricted products |
80000 |
Sky Garden may periodically review and amend the level of the financial penalties applied.
5. How we apply and communicate financial penalties to sellers
Sky Garden communicates with sellers to notify them of any breaches and related penalties applied to their accounts.
All penalties are clearly identified in the seller’s statement of account and set off against payouts payable to the seller.
6. Further information
If you are a seller and you have any questions about this Policy, or any penalty fees charged to you, please contact our merchant support team at merchantsupport@sky.garden.
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