Buyer protection - Shpock

Buyer Protection Terms

§ 1 Preamble

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 these Shpock buyer protection terms.

Buyers who choose to buy an item by pressing the "buy now" button accept and agree to be bound by these Shpock buyer protection terms.

Buyer Protection is only available for users using our integrated payment service, provided by our payment service provider, 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 using the Shpock buyer protection service:

  • Seller shall describe the item in as much detail as possible, disclosing any potential damages and/or missing parts.
  • Seller shall ship the item to the buyer's address within 6 days upon the purchase at the latest and shall provide proof of postage to the buyer by submitting a picture of the shipping receipt including the tracking number; if item is not shipped by seller within 6 days upon purchase, buyer has the right to cancel the deal.
  • Seller shall package the item with due care to avoid any transport damage as far as possible; we recommend taking pictures and documenting the packaging process and status of the item at time of packaging. It is also recommended to use shipping insurance.
  • Seller accepts that buyer has the right to cancel the deal if the item does not get delivered within due time after item has been dropped off for shipping, if item substantially differs from its description, or if item is damaged. In these latter cases buyer will have to return the item to the seller, wherebythe parties will need to agree on the terms of the return delivery. Buyer has to pay for returning the item to the seller.

§ 3 Buyer obligations

  • Buyer provides payment for the purchased item, shipping costs and buyer protection service.
  • Buyer shall confirm successful delivery of the item or, if applicable, shall report cases of non-delivery or bad-delivery according to § 4.
  • In case buyer claims for refund under buyer protection, buyer has to provide reasons and proof for their claims (e.g. pictures).
  • In case Shpock approves the claim for buyer protection, buyer will have to return the item to seller as per the terms agreed between the parties and provide proof of postage by submitting a picture of the shipping receipt including tracking number. Buyer has to pay for returning the item to the seller.

§ 4 Conditions

Users can claim for 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 at all, refund under buyer protection will be granted subject to the following conditions (all conditions need to be met):

  • Buyer will receive notification as soon as the item has been dropped off for shipping by the seller. 6 days after drop-off, buyer will be asked by Shpock to confirm successful delivery.
  • Buyer needs to report that the item has not been delivered within 3 days after receiving the request to confirm successful delivery; if buyer does not object by pressing the "I have an issue" button within this deadline, they forfeit their right to claim for refund.
  • The issue cannot be sorted between buyer and seller directly within due time.
  • Buyer has not received reimbursement by any other means (e.g. by cancelling payment directly via the credit card company)

2. Bad delivery

Buyers will receive refund if all the following conditions are met:

  • Item differs substantially from its description or is damaged
  • Report on bad delivery needs to be submitted within 3 days upon receipt of Shpock's request to confirm successful delivery by pressing the "I have an issue" button; if report is not submitted within this deadline, buyer forfeits their right to claim for refund.
  • Further information needs to be provided to describe the issue (e.g. pictures) following the Shpock instructions.
  • The issue cannot be sorted between buyer and seller directly.
  • Buyer has not received reimbursement by any other means (e.g. by cancelling payment directly via the credit card company).
  • After positive assessment by Shpock according to § 5, item has been returned to seller.

§ 5 Shpock assessment

After having received a request for refund under buyer protection, Shpock will get in touch with seller and ask them to provide their statement on the case. At the same time, Shpock will set a deadline to seller to ship the item or 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 buyer is thus entitled to refund under buyer protection.

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

§ 6 Refund and next steps

1. Buyer side

If buyer claims for refund under buyer protection and Shpock's assessment is that the claim is valid, buyer will receive refund in the full amount of the initial payment (item price + costs for delivery to buyer).

Refund shall be paid out to the payment method used for the initial payment. This may take up to several working days.

If the buyer pays through their Shpock wallet, refund will be paid to the Shpock wallet.

If buyer receives refund under buyer protection, buyer assigns at the same time all claims against the seller out of the contractual agreement between the parties to Shpock. In the event where 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 buyer is not entitled to keep the item and shall get in contact with Shpock immediately to align on the next steps.

2. Seller side

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

Seller will not receive pay-out of the purchase price. Instead, buyer will return the delivered item to seller. The conditions for sending back the item need to be agreed between the buyer and the seller.

§ 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 between GBP 0.30 – 0.80 plus 3 - 8 % of the item price (excluding costs for delivery). The actual costs for the buy now service are communicated to the user in a transparent way before ordering the service.

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 buyer protection terms, Shpock's General Terms and Conditions, Adyen's terms and conditions, or any applicable legal acts.

Further, Shpock is entitled to terminate offering the buyer protection service at any time or to amend the buyer protection terms. The buyer protection terms in place at the time of confirming the purchase using the buyer protection service are applicable.

The contracts on purchase of items listed on Shpock are concluded between the Shpock users. 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 service for buyers offered by Shpock; Shpock does not become a party of the purchase agreement between buyer and seller.

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