Buyer Protection Terms

§ 1 Introduction

Shpock users buying items via Shpock and choosing to use the Buyer Protection service will receive warranty in the form of buyer protection in accordance with the following provisions:

By listing an item and enabling it for Buyer Protection, sellers accept and agree to be bound by the Buyer Protection Terms. When a buyer purchases the buyer protection, they agree to the terms.

Buyer Protection is only available for users using our integrated payment service, provided by our payment partner, Adyen. Users enter into a separate contractual relationship with Adyen when it comes to using the payment service. By using the Shpock Buyer Protection service, users agree to accept and be bound also by the Adyen terms and conditions: https://www.adyen.com/legal/terms-and-conditions-marketpay.

§ 2 Seller obligations

Sellers must fulfil the following obligations when using the Shpock Buyer Protection service:

• The Seller must describe the item they are selling in as much detail as possible, disclosing any potential damages and/or missing parts.
• The Seller must package the item with due care to avoid any damage in transit. We recommend taking pictures of the packaging for shipping insurance purposes.
• The seller must ship the item to the buyer's address within 10 days of purchase, otherwise the deal will automatically be cancelled by Shpock and the buyer will receive a refund. If the seller doesn’t use one of our integrated delivery partners, they must provide proof of postage to the buyer in the chat. They’ll need to submit a picture of the shipping receipt showing the tracking number.
• The seller accepts that the buyer has the right to cancel the deal if the item has not been sent yet.
• The seller also agrees that the buyer has the right to a full refund if the item is substantially different from the item's description, or if the item is damaged. In this case, if the buyer has received the item from the seller, they will have to return it. The buyer has to pay the cost for returning the item to the seller.

§ 3 Buyer obligations

• The buyer must pay for the item at the point of purchase. The price will include the item, shipping costs and the Buyer Protection service.
• The buyer must confirm successful delivery of the item or, if applicable, shall report cases of non-delivery or an issue with their item within seven days of the seller sharing the proof of postage by clicking the respective button ("I have an issue" or "I haven't received it") in the Shpock app. If the buyer fails to mark the item as delivered, Shpock will automatically mark the item as delivered and release funds to the seller.
• When delivering via Parcel2Go the parcel will be automatically marked as delivered once the tracking information confirms the delivery. The buyer has then 24 hours to report an issue before the money is released to the seller.
• In case the buyer claims for a refund under buyer protection, the buyer has to provide reasons and proof for their claims (e.g. pictures).
• In case Shpock approves the claim for buyer protection, the buyer will have to return the item to the seller as per the terms agreed between the parties. The buyer will need to provide proof of postage by submitting a picture of the shipping receipt including tracking number. The buyer has to pay for returning the item to the seller.
• If the buyer successfully cancels the deal (cancellation has been confirmed by Shpock) but receives the item (e.g. the seller has shipped the item late or did not react to the cancellation in due time), the buyer has to return the item to the seller via the same shipping provider, but at the expense of seller. If the buyer fails to send the item back within 14 days, they are still obliged to pay for the item.

§ 4 Conditions

After the seller shares proof of postage, the buyer can claim for a refund under buyer protection in the following cases:

• The item has not been delivered ("non-delivery")
• The item significantly differs from its description or is damaged ("bad-delivery")

1. Non-delivery

If the purchased item is not delivered, a refund under buyer protection will be granted subject to the following conditions (all conditions need to be met):

• Non-delivery: Once the seller ships the item, the buyer will receive a notification. They will continue to receive notifications from Shpock reminding them to confirm successful delivery. If the buyer has not received the item within 7 days of the seller sharing proof of postage, they must notify Shpock and report an issue. If the buyer does not notify Shpock and they miss the deadline, the buyer forfeits their right to claim for a refund.
• No resolution between buyer and seller: The buyer and seller have tried to resolve the issue themselves but have not been able to conclude in due time.
• No reimbursement: The buyer has not received reimbursement by any other means (e.g. by cancelling payment directly via the credit card company)

2. Bad delivery

A buyer will receive a refund if all the following conditions are met:

• Discrepancy: The item differs substantially from its description or is damaged
• Report: The buyer must report the bad delivery within 7 days of the seller sharing proof of postage. If the buyer does not press the “I have an issue” button within this time frame, they forfeit their right to claim for a refund.
• Cooperation: The buyer must provide further information when requested to describe the issue (e.g. pictures) following Shpock instructions.
• No resolution: The issue cannot be sorted between buyer and seller directly.
• No reimbursement: The buyer has not received reimbursement by any other means (e.g. by cancelling payment directly via the credit card company).
• Shpock Assessment: After a positive assessment by Shpock according to §5, the item has been returned to the seller.

§5 Shpock assessment

After having received a request for a refund under buyer protection, Shpock will get in touch with the seller and ask them to provide their side. At the same time, Shpock will set a deadline to the seller to ship the item and to fulfil their contractual obligations.

Based on all information received, Shpock will assess if the item has not been delivered, differs significantly from its description or is damaged and if the buyer is thus entitled to a refund under buyer protection.

Shpock will inform the buyer on the outcome of the assessment. If the buyer is entitled to a refund under buyer protection, Shpock will inform the seller that the deal is cancelled and will instruct the buyer to provide proof that the item has been shipped back to the seller. The buyer grants Shpock the power to cancel the deal if the conditions for a refund under buyer protection are met.

§6 Refund and next steps

1. Buyer side

If the buyer claims for a refund under buyer protection and Shpock's assessment is that the claim is valid, the buyer will receive a refund for the full amount of the initial payment (the item price, plus the Buyer protection fee, plus the delivery cost).

Refunds shall be paid out to the original payment method used. This may take up to several working days.

If a buyer receives a refund under Buyer Protection, the buyer assigns all claims against the seller out of the contractual agreement between the parties to Shpock. In the event where a refund is granted under a case of non-delivery, the item could still get delivered to the buyer at a later stage. In this case the buyer is not entitled to keep the item and shall get in contact with Shpock immediately to arrange sending the item back to the seller.

2. Seller side

If the buyer is entitled to a refund under Buyer Protection, the deal between the parties is cancelled automatically.

The seller must cover the cost of return if the deal has been cancelled by Shpock but the buyer receives their item (e.g. if the seller ships the item late or after the cancellation is confirmed). The return must be made via the same shipping provider.

§ 7 Costs and final clauses

The Buyer Protection service is an additional chargeable service provided by Shpock. Costs for the buyer protection service amount to a fixed fee GBP 0.30 – 3.75 plus 0 - 15 % of the item price, (excluding costs for delivery). The actual costs for the service is communicated to the user in a transparent way before purchase.

Shpock has the right to withdraw from the Buyer Protection service agreement for a certain deal at any time at its own discretion if it has grounds to believe that such deal infringes against these terms, Shpock's General Terms and Conditions, Adyen's terms and conditions, or any applicable legal acts.

Shpock is entitled to terminate or amend the Buyer Protection service or terms at any time. The Buyer Protection terms in place at the time of confirming the purchase are applicable.

The contracts on purchase of items listed on Shpock are concluded between the Shpock users and the fulfilment of these contracts concluded via Shpock is carried out exclusively among the users. Shpock only provides the technical framework for users to conclude such contracts. The Buyer Protection service is an additional warranty for buyers offered by Shpock; Shpock does not become a party of the purchase agreement between buyer and seller.